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| I P R /J  V 

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. * i,  n / i;  / 

A REVISED  . 

CODE  OF  ORDINANCES 

OF  THE 

CITY  OF  TUSCALOOSA. 


TO  WHICH  ARE  PREFIXED 


THE  ACT  OF  CONGRESS, 

THE  CHARTER  OF  THE  CITY, 
AMENDMENTS  OF  THE  CHARTER, 
ARTICLES  OF  THE  STATE  CONSTITUTION,  ETC. 

1 8 8 5 


PREPARED . BY 

WOOD  & WOOD,  City  Attorneys. 


TUSCALOOSA,  ALA. 
i 1885. 

MONT.  I.  BURTON,  PRINTER  AND  STATIONER. 


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B00K3T ACKS  OFFICE 

OFFICERS  OF  THE  CITY  OF  TUSCALOOSA 

AT  THE  TIME  OF  THE  ADOPTION -OF  THIS  CODE. 


MA  Y OR: 

WILLIAM  C.  JEMISON. 


ALDERMEN: 


First  War©, 
Second  Ward, 
Third  Ward, 
Fourth  Ward. 
Fifth  Ward, 
Sixth  Ward, 


WALTER  C.  HARRIS. 

- WARFIELD  C.  RICHARDSON. 
GEORGE  W.  SIMPSON. 

- William  j.  barnes. 

BERNHARD  FRIEDMAN. 

- J.  THOMAS  GARNER. 


BOARD  OF  EDUCATION: 

WILLIAM  C.  JEMISON,  President,  ex  officio. 
FESTUS  FITTS,  EDWARD  N.  C.  SNOW, 

HICKMAN  P.  WALKER,  EDWARD  S.  CHISHOLM, 

FESTUS  FITTS,  Secretary. 


4 

E.  RUSH  KING, 

Marshal. 

WILLIAM  A.  COCHRANE,  - 

- Tax  Assessor. 

ANDREW  P.  HOGAN, 

Tax  Collector. 

ANDREW  P.  HOGAN,  - 

Secretary". 

1 

FRANK  S.  MOODY,  - 

Treasurer. 

BENJAMIN  H.  HARDAWAY, 

- Engineer. 

4 

WOOD  & WOOD, 

City  Attorneys. 

> 

L 


ACT  OF  CONGRESS 


GRANTING  TO  THE  CORPORATION  OF  TUSCALOOSA  CER- 
TAIN LOTS  AND  PRIVILEGES  OVER  THE  RESER- 
VATIONS AND  COMMONS  IN  SAID  TOWN. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America , in  Congress  assembled , That  the  right  and  title  of 
the  United  States  to  the  public  streets,  and  to  certain  lots  in  the  town 
of  Tuscaloosa,  set  apart  for  public  uses,  and  designated  in  the  plan  of 
said  town  by  the  name  of  the  “Court  Square,”  the  “Market  Square,” 
the  “Jail  Lot,”  the  “Spring,”  the  “Church,”  and  the  “Burial  Ground,” 
be,  and  the  same  is  hereby  vested  in  the  corporation  of  said  town  forever ; 
and  also  all  the  right  of  the  United  States  to  the  tract  between  the  lots 
and  the  river  at  Tuscaloosa,  called  the  “River  Margin,”  and  that  called 
the  “Pond,”  and  also  of  that  called  the  “Common,”  on  condition,  how- 
ever, that  the  corporation  shall  not  lease  or  sell  any  portion  of  the  last 
mentioned  tracts,  but  that  the  same  shall  be  appropriated  to  the  purposes 
for  which  they  were  designated  and  set  apart,  as  well  for  the  benefit  of 
the  inhabitants  of  said  town,  as  that  of  those  resorting  to  or  visiting  the 
same ; and  in  case  the  same  or  any  part  thereof  be  applied  to  any  other 
purpose,  that  it  revert  to  the  United  States. 

Approved,  May  26,  1824. 


THE  CHARTER. 


AN  ACT 

TO  INCORPORATE  THE  CITY  OF  TUSCALOOSA. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  Alabama , That  all 
that  tract  of  land  included  within  the  following  boundaries,  viz  : Begin- 
ning at  the  southwest  corner  of  section  twenty-two,  in  township  twenty- 
one,  of  range  ten  west,  and  running  east  on  the  southboundary  line  of  said 
section  to  the  southeast  corner,  thence  north  on  the  east  boundary  line  of 
said  section  twenty-two,  to  the  northeast  corner  of  the  same,  thence  north 
on  the  east  boundary  line  of  fractional  section  fifteen  to  the  low  water  line 
on  the  north  bank  of  the  Black  Warrior  river,  thence  west  down  the  river 
along  the  low  water  line  of  its  north  bank  to  the  point  of  intersection  of 
the  low  water  line  with  the  west,  boundary  line  of  secs,  fifteen  and  twen- 
ty-two in  township  twenty-one  of  range  ten  west,  and  thence  down  the 
west  boundary  line  of  section  twenty-two  to  the  place  of  beginning,  shall 
be  designated  and  known  by  the  name  of  the  city  of  Tuscaloosa. 

Sec.  2.  Be  it  further  enacted , That  the  inhabitants  residing  within  the 
limits  of  said  city  of  Tuscaloosa,  as  in  the  first  section  of  this  act  estab- 
lished, shall  be  and  they  are  hereby  constituted  and  declared  a body 
corporate  and  politic,  by  the  name  and  style  of  “the  Mayor  and  Aider- 
men  of  the  city -of  Tuscaloosa,”  and  by  their  said  corporate  name  and 
style,  may  sue  and  be  sued,  plead  and  be  impleaded,  either  at  law  or  in 
equity,  in  all  the  courts  of  this  State.  They  may  purchase,  receive  and 
hold  personal  and  real  estate,  to  any  value,  not  exceeding  one  million  of 
dollars,  at  any  one  time;  using  and  disposing  of  the  same  for  the  city  of 
Tuscaloosa  only ; and  may  grant  and  convey  personal  and  real  property, 
and  do  all  other  acts  as  natural  persons ; and  said  corporation  may  have 
and  use  a corporation  seal,  which  they  may  alter  at  pleasure. 

Sec.  3.  Be  it  f arther  enacted,  That  the  Mayor  and  Aldermen  now  in 
office  in  the  city  of  Tuscaloosa  shall,  between  the  second  and  fourth  Mon- 
clays  in  November,  1S73,  divide  and  lay  off  the  territory  within  the  cor- 
porate limits  of  said  city,  into  wards,  containing,  as  near  as  may  be,  an 
equal  number  of  inhabitants;  and  that  the  Mayor  and  Aldermen  to  be 
elected  according  to  the  provisions  of  this  act  for  said  city,  shall,  between 
the  second  and  fourth  Mondays  in  November  of  each  succeeding  year  ex- 
amine said  wards;  and  if,  in  their  opinion,  it  shall  be  necessary  for  more 


) > lie 


\y  1 1 


8 CHARTER. 

equal  representation,  make  such  changes  in  said  divisions  of  wards  as 
circumstances  may  require,  so  as  not  to  increase  the  present  number  of 
wards  above  the  present  number  of  six. 

Sec.  4 * Be  it  further  enacted , That  the  present  Mayor  and  Aldermen 

of  the  city  of  Tuscaloosa  shall  cause  an  election  to  be  holden  on  the  first 
Monday  in  November,  A.  D.,  1873,  for  a Mayor  of  the  city  of  Tuscaloosa 
and  for  one  Alderman  for  each  of  the  six  wards  of  said  city.  The  election 
to  be  held  at  such  place  or  places  as  said  Mayor  and  Aldermen  may  de- 
termine ; and  said  Mayor  and  Aldermen  so  elected,  and  each  subsequent 
board  of  Mayor  and  Aldermen  shall,  in  like  manner,  cause  an  election 
to  be  holden  for  Mayor  and  six  Aldermen,  each  and  every  succeeding  year. 

Sec.  5.  Be  it  further  enacted , That  the  said  Mayor  and  Aldermen  shall 
give  at  least  ten  days  notice  of  said  election,  by  publication  in  some 
newspaper  published  in  said  city,  of  the  time  and  place,  or  places,  when 
and  where  it  will  be  held ; and  the  persons  appointed  by  said  Mayor  and 
Aldermen  as  judges  thereof,  shall  open  the  polls  between  the  hours  of 
nine  and  ten  o’clock  in  the  morning,  and  close  them  at  4 o’clock  p.  m., 
at  such  election. 

Sec.  6.  f Be  it  further  enacted , All  male  persons  shall  be  qualified  voters 
in  the  election  of  officers  and  other  elections  held  in  said  city,  who  are 
qualified  by  the  constitution  and  laws  of  the  State  to  vote  for  members  of 
the  State  Legislature,  and  who  reside  in  the  corporate  limits  of  said  city ; 
Provided,  That  any  male  person  so  qualified  by  the  laws  of  the  State, 
may  also  vote  in  said  election,  who  does  business  within  said  corporate 
limits  and  pays  city  taxes  on  five  hundred  dollars’  worth  of  real  estate, 
located  within  the  said  city  limits — he  voting  for  aldermen  only  in  the 
ward  in  which  he  may  own  the  greatest  amount  of  real  estate  in  value. 

Sec.  7.  Be  it  farther  enacted , That  any  elector  of  said  city,  who  is 
twenty-one  years  of  age  or  upwards,  shall  be  eligible  to  the  office  of  May- 
or or  Alderman  or  Marshal ; and  should  the  Mayor  of  said  city  remove 
therefrom,  or  be  absent  for  three  months  at  any  one  time,  without  the 
consent  of  the  Aldermen,  his  office  shall  be  thereby  vacated.  And  should 
any  Alderman  remove  from  the  ward  in  which  he  was  residing  at  the  time 
of  his  election,  or  be  absent  therefrom  for  three  months  at  any  one  time, 
without  the  consent  of  the  Mayor  and  other  Aldermen,  his  office  is 
thereby  vacated. 

Sec.  8.  Be  it  further  enacted , That  whenever  any  vacancy  shall  occur, 
either  by  death,  resignation,  refusal  to  accept,  removal,  or  absence  as 
aforesaid,  in  the  office  of  Mayor  or  Aldermen,  it  shall  be  the  duty  of  the 
remaining  members  forthwith  to  advertise  and  cause  an  election  to  be 
holden  within  ten  days  after  such  advertisement,  to  fill  any  such  vacancy. 

^Amended, — Acts  of  Ala.,  188:2-83,  p.  202:  post. 

+ Amended, — -Acts  of  Ala.,  1H74-75,  p.  433:  post. 


CHARTER. 


9 


Se  i.  9.  e it  further  enacted.  That  should  two  or  more  competing  can- 
didates for  the  office  of  mayor  receive  an  equal  number  of  votes,  the 
aldermen  chosen  at  the  same  election,  shall  determine  which  of  said 
candidates,  so  receiving  an  equal  vote,  shall  be  mayor ; and  should  any 
two  or  more  candidates  for  aldermen  receive  an  equal  number  of  votes, 
at  any  election,  the  mayor  elected  at  that  election  shall  decide  and  de- 
clare which  of  said  candidates  so  receiving  an  equal  vote  shall  be  aider- 
man  or  aldermen,  and  the  mayor  and  aldermen  of  said  city  shall  provide, 
by  ordinance,  for  the  decision  of  any  other  tie  than  those  aforesaid. 

Sec.  10.  Be  it  further  enacted,  That  the  election  of  persons  declared  to 
be  elected  mayor  and  aldermen,  or  marshal  of  said  city  of  Tuscaloosa, 
may  be  contested  by  any  qualified  elector  of  said  city,  for  any  one  or 
more  of  the  following  causes  : 1st.  Malconduct,  fraud  or  corruption  on  the 
part  of  any  inspector,  judge,  clerk,  returning  officer,  or  board  of  super- 
visors. 2nd.  When  the  person  whose  election  to  such  office  is  contest- 
ed was  not  eligible  thereto,  at  the  time  of  such  election.  3rd.  On  account 
of  illegal  votes.  4th.  Any  intimidation,  threats  to  discharge  from  em- 
ployment, offers  to  bribe  or  bribery,  violence,  abuse,  or  any  other  unlaw- 
ful conduct  calculated  to  prevent  a fair,  free  and  full  exercise  of  the 
elective  franchise. 

Sec.  11.  Be  it  further  enacted , That  any  elector  choosing  to  contest  any 
election  for  any  office  mentioned  in  section  10,  of  this  act,  must,  within 
fifteen  days  after  such  person  is  declared  duly  elected,  present  a state- 
ment of  the  grounds  of  contest  verified  by  affidavit,  as  required  in  section 
ten,  to  the  judge  of  probate  of  the  county  in  which  such  election  was  held, 
who  must  appoint  a day  not  less  than  fifteen  nor  more  than  twenty  days 
^rom  the  time  of  such  presentation  for  the  trial  thereof,  and  endorse  the 
same  on  such  statement  ; he  must  also,  at  the  same  time,  give  security 
for  the  costs  of  such  contest,  to  be  approved  by  such  judge,  but  in  no 
case  shall  the  judge  of  probate  require  more  than  five  hundred  dollars  as 
security. 

Sec.  12.  Be  it  farther  enacted , That  a copy  of  such  statement,  with  the 
day  of  trial  endorsed  thereon,  must  be  served  on  the  person  whose  elec- 
tion is  contested,  or  left  at  his  usual  place  of  residence,  at  least  ten  days 
before  the  day  appointed  for  trial,  by  any  sheriff  or  constable,  and  the 
original  notice  returned  to  the  probate  judge  with  the  mode  of  service  en- 
dorsed thereon. 

Sec.  13.  Be  it  farther  enacted , After  the  notice  required  has  been  given 
either  party  is  entitled  to  subpoenas  to  compel  the  attendance  of  witness- 
es on  the  day  fixed  for  trial,  which  must  be  issued  on  application  by  the 
judge  of  probate,  before  whom  the  contest  is  to  be  tried  ; the  same  pro- 
ceedings may  be  had  against  defaulting  witnesses  as  in  matters  litigated 
in  courts  of  probate,  such  proceedings  being  returnable  to  any  regular 


10 


CHARTER. 


court  of  probate  held  within  three  months  after  such  proceedings  are 
taken. 

Sec.  14.  Be  it  further  enacted,  That  testimony  may  also  be  taken  by 
deposition  in  such  cases  and  in  like  manner  as  in  matters  litigated  in  pro- 
bate courts.  The  witnesses  and  commissioners  are  entitled  to  the  same 
compensation  as  in  other  cases;  and  the  court  may,  for  good  cause,  con- 
tinue the  trial  to  some  other  day,  but  no  continuance  must  be  over  thirty 
days,  and  such  trial  must  not.  be  continued  more  than  twice  on  the  ap- 
plication of  the  same  party. 

Sec.  15.  Be  it  further  enacted , That  the  judge  of  probate  has  authority 
to  make  an  examination  of  the  ballots  given  in  such  election,  on  the 
trial  of  any  contest  thereof,  so  far  as  the  same  may  be  necessary  to  ar- 
rive at  a correct  judgment,  and  must  be  governed  in  the  trial  and  deter- 
mination of  such  contest  by  the  rules  of  law  and  evidence  governing  the 
determination  of  questions  of  law  and  fact  in  the  courts  of  law  in  this 
State,  so  far  as  the  same  are  applicable,  and  after  hearing  the  proofs  and 
allegations,  must  give  judgment,  either  confirming  or  annulling  such 
election  altogether,  or  declaring  some  other  person  than  the  one  whose 
election  is  contested,  duly  elected. 

Sec.  16.  Be  it  further  enacted , That  if  it  appear  that  two  or  more  per- 
sons have  received  an  equal  number  of  legal  votes  for  such  office,  the 
trial  of  said  cause  must  be  temporially  adjourned,  and  such  result  certi- 
fied to  the  Mayor  and  Aldermen  elect,  who  will  give  the  casting  vote  as 
provided  in  section  9 of  this  act,  and  the  casting  vote  being  given,  judg- 
ement must  be  rendered,  declaring  such  person  to  whom  such  vote  is 
given  elected. 

Sec.  17.  Be  it  f urther  enacted.  That  when  the  person  whose  election  is 
contested,  is  proved  to  be  ineligible  to  the  office,  judgment  must  be  ren- 
dered, declaring  the  election  void  as  to  such  person,  and  the  person  hav- 
ing the  next  highest  number  of  legal  votes  shall  be  declared  duly  elected 
to  the  office. 

Sec.  18.  Be  it  further  enacted , That  when  the  election  is  declared  void, 
or  when  any  other  person  than  the  one  whose  election  is  contested,  is  de- 
clared elected,  the  party  contesting  recovers  of  the  person  whose  election 
is  contested,  all  costs,  for  which  execution  may  issue,  returnable  to  any 
regular  term  of  the  court  of  probate, within  three  months  after  its  issuance. 

Sec.  19.  Be  it  further  enacted,  That  in  all  cases  when  the  contesting 
party  is  defeated,  the  party  whose  election  was  contested,  recovers  of  him 
all  costs,  for  which  execution  against  him  and  his  sureties  may  issue,  re- 
turnable as  in  the  preceding  section. 

Sec.  20.  Be  it  further  enacted,  That  the  Mayor  and  Aldermen,  at  the 
regular  meeting,  or  a called  meeting,  during  the  first  week  of  November, 
of  each  year,  shall  appoint  three  judges,  any  two  of  whom  may  act,  and 


CHARTER. 


11 


two  clerks,  whose  places,  in  case  of  absence,  shall  be  filled  by  the  judges, 
to  hold  the  annual  election  for  mayor  and  aldermen  of  said  city ; and 
shall  provide,  by  ordinance,  for  the  advertising,  holding,  managing,  and 
making  returns  for  all  elections  of  mayor  and  aldermen  or  other  officer  of 
said  city  elected  by  the  people. 

Sec.  21.  *Be  it  further  enacted , That  the  Mayor  and  Aldermen  before 
entering  on  the  duties  of  their  office,  shall  take  the  following  oath  before 
the  judge  of  the  probate  court,  of  some  justice  of  the  peace  of  said  county, 
to-wit:  “I  do  solemly  swear  or  affirm  (as  the  case  may  be)  that  I will 
well  and  truly,  and  to  the  best  of  my  knowledge  and  ability,  execute  and 
discharge  the  duties  of  mayor  (for  the  mayor)  and  of  aldermen  (for  the 
aldermen)  of  the  city  of  Tuscaloosa,  as  prescribed  by  this  act,  without 
favor,  affection  or  partiality,  so  help  me  God.” 

Sec.  22.  Be  it  further  enacted.  That  when  the  Mayor,  or  either  of  the 
Alflfermen  of  said  city,  shall  be  absent  as  aforesaid,  with  or  without  the 
consent  of  the  remaining  members  of  the  board  for  a less  time  than  that 
which  renders  either  of  their  offices  vacant  as  aforesaid,  or  when  any 
vacancy  shall  occur  in  either  of  said  offices,  by  death,  resignation,  re- 
fusal to  accept,  removal,  absence  as  aforesaid,  or  in  any  other  manner, 
those  of  said  board  at  home  and  in  office,  shall  make  a temporary  ap- 
pointment, should  they  deem  it  necessary,  of  some  competent  person  to 
act  until  the  return  of  said  absentee,  or  till  the  vacancy  shall  be  filled  by 
election. 

Sec.  23.  Be  it  farther  enacted , That  said  Mayor  and  Aldermen  shall 
have  regular  stated  monthly  meetings,  fixed  by  law  by  them  to  be  or- 
dained, and  they,  or  a majority  of  them,  shall  have  power  to  adjourn 
their  meetings  from  time  to  time. 

Sec.  24.  Be  it  f urther  enacted , That  the  Mayor  may  at  any  time  call  a 
meeting  of  the  Aldermen  for  the  transaction  of  any  and  all  business,  by 
written  notice,  designating  the  time  and  place  of  meeting,  and  on  appli- 
cation of  any  two  aldermen,  the  mayor  shall  call  a meeting  in  like 
manner. 

Sec.  25.  Be  it  further  enacted , That  they  may  have  a secretary,  and  they 
shall  keep  a journal  of  their  proceedings,  and  record  their  official  acts 
and  doings,  and  the  yeas  and  nays  on  any  question  or  subject  shall  be 
taken  and  recorded  at  the  request  of  any  member  of  the  board.  The  de- 
liberations of  the  mayor  and  aldermen  shall  always  be  open  to  the  public. 

Sec.  26.  it  farther  enacted , That  there  shall  be  elected  by  the  quali- 
fied electors  of  said  city  at  the  time  and  place  of  electing  the  mayor  and 
aldermen,  a marshal  for  the  city,  whose  term  of  service  shall  be  the 

*See  Articles  V.,  Cons,  of  Ala.,  and  Acts  of  Ala.,  1875-76,  p. 

+ Amended, — Acts  of  Ala.,  1874-75,  p.  433:  post. 


: post. 


12 


CHARTER. 


same  with  that  of  mayor  and  aldermen  unless  he  is  removed,  dies,  re- 
signs, or  otherwise  vacates  his  office. 

Sec.  27.  *B e it  further  enacted,  That  the  Mayor  and  Aldermen,  by  a 
vote  of  two-thirds,  may  at  any  time  remove  from  office  the  marshal  of 
said  city,  and  supply  his  place  at  once  by  a temporary  appointment. 

Sec.  28.  Be  it  further  enacted,  That  if  at  any  time  the  marshal  of  said 
city  shall  die,  resign,  remove  from  said  city,  or  be  removed  from  office, 
then  the  mayor  and  aldermen  shall  order  an  election  to  fill  the  vacancy, 
and  give  ten  days  notice  of  the  time  and  place  of  said  election.  In  all 
elections  for  marshal  the  same  rules  shall  be  observed  and  laws  given, as 
near  as  may  be,  as  provided  for  in  the  election  for  mayor  and  aldermen. 

Sec.  29.  Be  it  further  enacted , That  the  mayor  and  aldermen  shall  elect 
each  year,  in  December,  an  assessor  and  collector  of  taxes  for  said  city, 
who  shall  hold  his  office  for  one  year,  unless  sooner  removed,  for  cause,, 
by  the  board  of  mayor  and  aldermen. 

Sec.  80.  Be  it  f urther  enacted , That  the  two  offices  of  assessor  and  col- 
lector may  be  held  by  the  same  person.  The  said  assessor  and  collector 
shall  assess  and  collect  the  taxes  for  said  city  of  Tuscaloosa  under  such 
rules,  regulations  and  by-laws  as  may  be  ordained  by  said  mayor  and 
aldermen,  and  is  subject  to  removal  from  office  for  any  misdemeanor  or 
malfeasance  therein,  or  neglect  to  discharge  the  duties  of  said  office  of 
assessor,  or  of  collector,  to  be  judged  of  and  determined  after  notice  to 
said  assessor  or  tax  collector,  but  removal  cannot  be  made  unless  by  vote 
of  two-thirds  of  said  board  of  mayor  and  aldermen. 

Sec.  31.  Be  it  further  enacted,  That  all  vacancies  in  said  office  of  asses- 
sor or  collector  shall  be  tilled  by  the  mayor  and  aldermen. 

Sec.  32.  Be  it  further  enacted,  That  the  mayor  and  aldermen  shall  ap- 
point such  other  officers  as  they  deem  necessary  for  the  protection  and 
good  government  of  the  corporation,  and  allow  them,  respectively,  such 
compensation  for  their  services  as  may  be  deemed  reasonable  and  just, 
such  officers  so  appointed  may  be  removed  from  office  at  any  time  by 
the  board. 

Sec.  33.  Be  it  further  enacted,  That  the  mayor  of  the  city  of  Tuscaloosa 
shall  have,  and  may  exercise,  all  powers  of  a justice  of  the  peace  or  no- 
tary public  within  the  county  of  Tuscaloosa. 

Sec.  34.  Be  it  further  enacted,  That  the  mayor  and  aldermen  of  the 
city  of  Tuscaloosa  shall  have  power  to  levy  and  collect  annually  a tax  on 
real  estate  and  personal  property, within  the  corporate  limits  of  said  city, 
not  to  exceed  in  amount  one  per  cent  on  the  value  thereof. 

Sec.  35.  Be  it  further  enacted,  That  the  tax  on  real  and  personal  prop- 
erty be  laid  in  proportion  to  the  value  thereof,  according  to  an  assess- 

*Amended, — Acts  of  Ala.,  1874-75,  p.  433 : post. 


CHARTER. 


13 


ment  and  valuation  given  by  the  owner  or  his  or  her  agent  on  oath,  or 
by  the  assessor  of  the  city  of  Tuscaloosa,  when  said  owner  fails  or  neglects 
or  refuses  to  give  in  the  value  of  his  property.  The  mayor  and  aldermen 
shall  determine  the  amount  of  tax  for  each  and  every  year. 

Sec.  36.  Be  it  further  enacted  That  if  any  person  think  his  or  her  property 
assessed  too  high,  he  or  she.  shall  have  a right  to  complain  to  the  mayor 
and  aldermen,  which  complaint  shall  be  made  within  thirty  days  from 
the  date  of  said  assessment ; and  upon  complaint  being  made,  the  said 
mayor  and  aldermen  shall  consider  the  same,  and  if,  in  their  judgment, 
said  assessment  is  too  high,  shall  reduce  the  same,  and  their  decision  on 
this  subject  shall  be  final  and  conclusive. 

Sec.  37.  Be  it  further  enacted , That  said  mayor  and  aldermen  may  levy 
and  collect  a poll  tax,  annually,  in  said  city,  not  exceeding  the  State  poll 
tax. 

Sec.  38.  Be  it  further  enacted,  That  the  mayor  and  aldermen  of  said 
city  shall  appoint  an  overseer  or  overseers  of  streets,  highways  and  pub- 
lic landings  of  said  city,  and  shall  require  and  regulate  the  working  on 
the  same,  not  exceeding  ten  days  in  each  year. 

Sec.  39.  Be  it  further  enacted,  That  the  mayor  and  aldermen  may  ex, 
empt,  at  their  discretion,  from  working  the  streets  and  highways,  all 
persons  living  within  the  corporation  liable  by  law  to  work  on  roads  and 
highways,  and  require  of  such  persons  to  pay  an  additional  poll  tax,  not 
exceeding  five  dollars  a poll  on  each  one  liable  to  work,  by  law,  and  they 
are  authorized  to  levy  and  collect  such  additional  poll  tax  annually,  and 
it  shall  be  assessed  by  the  same  officer  and  at  the  time  and  place  of  the 
general  assessment  of  said  city. 

Sec.  40.  Be  it  further  enacted.  That  the  mayor  and  aldermen  shall  have 
power  to  levy  and  collect  taxes  on  the  sales  of  goods,  wares  and  mer- 
chandise, and  on  money  hoarded,  which  tax  shall  be  assessed  at  the 
same  time  and  place  as  assessment  of  real  estate.  Provided,  That  no  tax 
shall  be  Laid  on  the  sale  of  cotton  as  merchandise. 

Sec.  41.  Be  it  further  enacted,  That  the  mayor  and  Aldermen  shall  have 
power  to  levy  and  collect-taxes  on  all  auction  and  commission  sales  of 
goods,  wares  or  merchandise,  and  to  require  monthly  returns  of  the  said 
sales. 

Sec.  42.  Be  it  f urther  enacted,  That  all  the  taxes  levied  by  the  mayor 
and  aldermen  of  said  city,  and  assessed  as  provided  by  this  act  and  the 
ordinances  of  the  board  of  mayor  and  aldermen,  shall  have  the  force  and 
effect  of  a judgment  at  law  against  the  individual  so  assessed,  and  against 
the  real  estate  assessed  to  all  “owners  unknown,”  and  the  lien  of  said 
judgment  shall  be  of  the  same  force  and  effect  as  if  it  had  been  recovered 


14 


CHARTER. 


in  the  circuit  court  of  the  county  of  Tuscaloosa.  Provided , That  no  prop- 
erty shall  he  exempt  from  sale  to  pay  said  taxes  so  assessed  in  said  city. 

Sec.  43.  Be  it  further  evaded,  That  within  sixty  days  after  the  assessor 
shall  have  completed  the  lists  of  the  assessments  and  valuations,  and  the 
same  shall  be,  if  necessary,  corrected  by  the  mayor  and  aldermen,  to  be 
judged  of  by  them,  the  mayor  shall  issue  his  warrant  annexed  to  the  tax 
list,  to  the  collector  of  the  corporation  tax,  which  shall  be  his  authority 
•to  collect  the  same.  Provided , That  each  person  liable  to  pay  the  tax  on 
sales  at  auction  and  on  commission,  shall,  on  the  first  day  of  each  month, 
give  in  under  oath,  the  gross  amount  of  sales  of  each  preceding  month, to 
the  tax  assessor,  and  tax  collector  shall  collect  the  amount  of  tax  so 
laid  by  the  mayor  and  aldermen  upon  such  sales.  The  failure  or  refusal 
of  any  person  to  make  said  return,  each  and  every  month,  is  a misde- 
meanor, for  the  punishment  of  which,  the  mayor  and  aldermen  shall 
provide,  with  such  penalties  as  they  may  deem  proper. 

SeO.  44.  Be  it  f arther  enacted , That  it  shall  be  the  duty  of  the  tax  col- 
lector to  give  thirty  days  notice  in  some  newspaper  published  in  said  city, 
that  the  city  taxes  for  the  year,  (or  the  particular  tax  as  the  case  may  be) 
are  required  to  be  paid  to  him  on  or  before  a certain  day  specified  ; and 
if  the  same  shall  not  be  paid,  to  levy  on  the  personal  estate  of  the  indi- 
vidual or  corporation  assessed,  and  to  sell  the  same,  or  so  much  thereof, 
as  shall  be  sufficient  to  pay  the  tax  assessed,  and  two  dollars  as  costs ^ 
one  to  the  tax  collector  for  the  levy  and  sale,  and  one  for  advertising  said 
sale  in  some  newspaper  published  in  said  city,  giving  the  day  and  place 
thereof,  at  least  five  days  prior  thereto. 

Sec.  45.  Be  it  further  enacted , That  if  any  real  estate  be  assessed  either 
to  persons  known  or  unknown  owners,  and  the  taxes  or  dues  assessed 
thereon  shall  remain  unpaid  for  sixty  days  from  the  time  when  the  said 
taxes  or  dues  are  required  to  be  paid,  then  the  tax  collector  shall  give 
notice  by  advertisement  in  some  newspaper  published  in  the  city  of  Tus- 
caloosa, for  four  weeks,  which  notice  shall  describe  the  lot  or  lots,  or  part 
or  parts  of  the  same,  by  number,  on  which  said  tax  was  levied,  and  give 
the  name  of  the  person  to  whom  assessed,  or  state  that  the  owner  is  un- 
known, and  also  the  amount  of  tax  assessed,  and  what  amount  is  due 
and  unpaid  on  said  property,  and  for  what  year  or  years  it  is  due,  and 
shall  also  state  that  the  tax  collector  will,  on  a certain  day,  at  some  place 
within  said  county,  proceed  to  sell  each  of  said  lots  upon  which  the  taxes 
and  dues  shall  not  be  paid,  or  so  much  thereof  as  shall  be  sufficient  to 
pay  the  same  on  the  appointed  day,  and  on  such  day,  (unless  the  tax 
collector  for  good  cause  shall  adjourn  the  sale  to  some  other  day,  not 
longer  than  ten  days  from  the  time  appointed,)  and  then  on  that  day 


CHARTER. 


15 


shall  proceed  to  sell  any  of  said  lot  or  lots  on  which  the  taxes  over-due 
still  remain  unpaid,  or  so  much  thereof  as  will  be  sufficient  to  satisfy  the 
taxes  assessed,  and  two  dollars  as  a fee  for  advertising  and  making  a deed 
to  the  purchaser  at  said  sale. 

Sec.  46.  Be  it  further  evaded,  That  the  tax  collector  shall  give  the  pur- 
chaser, at  tax  sale,  a deed  in  substance  as  follows : Know  all  men  by 

these  presents,  that  I, ,as  tax  collector  of  the  city  of  Tuscaloosa,  do 

hereby  certify,  that  the  city  taxes  for  the  year  18 , (or  the  particular 

tax  as  the  case  may  be)  being  due  and  unpaid  on  a lot  of  land  in  said  city  ^ 

numbered  in  the  plan  thereof  as  lot  number , (or  the  east,  or  west 

part  of  lot  number , as  the  case  may  be,)  assessed  for  taxes  as  the 

property  of —(or  to  owner  unknown,)  I have  this  day  sold  the  same 

(or  such  part  as  he  may  sell)  to , who  has  paid  the  taxes  and  dues 

thereon,  amounting  to dollars,  including  fee  of  two  dollars  for  ad- 

vertising sale  and  making  this  deed,  and  for  and  in  consideration  of  the 

premises,  and  the  said  sum  of dollars,  to  me  paid,  the  receipt  of 

which  I hereby  acknowledge,  I do  bargain,  sell  and  convey,  as  tax  col- 
lector, and  by  these  presents  have  bargained,  sold  and  conveyed  to  the 

said , the  purchaser,  the  lot  above  described,  together  with  all  its 

appurtenances ; to  have  and  to  hold  the  same  unto  him  and  his  heirs 
and  assigns  forever,  unless  within  two  years  from  the  date  thereof  the 
owner,  or  some  person  interested  in  said  lot,  or  his  agent  or  attorney, 
shall  redeem  the  same.  In  witness  whereof,  I have  hereunto  set  my 

hand  and  the  seal  of  the  said  corporation,  this,  the day  of 18 — , 

and  to  this  deed  the  mayor  shall  affix  the  seal  of  the  city  of  Tuscaloosa. 

Sec.  47.  Be  it  further  enacted , That  the  mayor  shall  cause  the  secretary 
of  the  corporation,  or  such  other  person  as  maybe  charged  with  the  duty, 
to  record  each  of  said  deeds  in  a well  bound  book  to  be  kept  for  the  pur- 
pose before  he  shall  permit  the  seal  of  the  city  to  be  affixed.  The  fee 
for  such  recording  shall  be  fifty  cents,  to  be  paid  to  the  officer  doing  the 
same,  and  endorsed  on  the  deed. 

Sec.  48.  Be  it  further  enacted , That  the  purchaser  of  any  lot  of  land  sit- 
uate in  the  city  of  Tuscaloosa,  and  sold  at  any  tax  sale  by  the  city  tax 
collector,  is  required  to  have  such  deed  acknowledged  and  recorded  in 
the  office  of  the  probate  judge  of  said  county,  in  six  months  after  the 
making  thereof. 

Sec.  49.  Be  it  f urther  enacted , That  in  any  suit  or  action  in  law  or  equity , 
in  this  state,  concerning  the  title  or  the  possession  of  any  lot  of  land 
situate  in  said  city  of  Tuscaloosa,  sold  at  any*  tax  sale  by  the  tax  collector 
of  said  city,  the  deed  made  to  the  purchaser  of  said  lot,  in  substantial 
compliance  with  the  requisitions  of  Sections  45  and  46  and  47  of  this  act, 
shall  be,  by  said  court  having  jurisdiction  of  the  cause,  received  as  prima 


16 


CHARTER. 


facie  evidence  of  a good  and  sufficient  title,  in  law  or  equity,  to  the  lot  or 
lots  of  land  conveyed  in  said  deed,  to  the  purchaser,  or  claimants,  under 
him. 

Sec.  50.  Be  it  further  enacted , That  any  lots  of  lands  or  real  estate  which 
have  been  or  may  be  sold  for  taxes  in  the  city  of  Tuscaloosa,  may  be  re- 
deemed within  two  years  from  the  day  of  sale,  by  any  person  interested 
therein,  who  will  deposit  with  the  city  treasurer,  for  the  use  of  the  pur- 
chaser, the  amount  of  the  purchase  money,  including  all  costs  of  adver- 
tising, selling,  making  deed,  and  recording  the  same  by  secretary  of  the 
board  and  probate  judge,  with  twenty  per  cent,  per  annum  interest,  to- 
gether with  all  taxes  that  may  be  due  to  the  city  on  said  property,  and 
upon  such  deposit,  if  made  within  two  years  from  the  day  of  sale,  the 
title  created  by  the  sale  and  deed  to  purchaser  hereinbefore  provided 
shall  cease  and  determine. 

Sec.  51.  Be  it  further  enacted,  That  when  the  deposit  mentioned  in  sec- 
tion 49  is  made,  the  secretary  of  the  board  shall  give  the  party  making  it 
a certificate  thereof,  to  which  the  seal  of  the  corporation  shall  be  attach- 
ed, for  which  said  secretary  shall  receive  a fee  of  one  dollar;  and  upon 
granting  said  certificate,  the  purchaser  at  the  tax  sale,  and  claimants 
under  him,  shall  relinquish  possession;  and  if,  after  demand,  any  per- 
son shall  fail  or  refuse  to  give  up  possession,  they  shall  be  considered 
unlawful  detainers  of  said  property,  and  shall  be  liable  as  such,  in  any 
assessment,  action  or  suit  therefor  at  the  instance  of  any  one  entitled  to 
the  possession  of  said  lot  of  land. 

Sec.  52.  Be  it  further  enacted , That  the  secretary  of  the  board  shall,  so 
soon  as  said  deposit  is  made,  notify  the  purchaser,  and  pay  over  to  him 
the  purchase  money,  and  all  other  expenses  about  said  sale  and  record- 
ing said  deed,  with  the  twenty  per  cent,  interest  thereon,  and  take  his 
receipt  therefor. 

Sec.  53.  *Be  it  further  enacted , That  the  corporation  authorities  shall 
have  power  to  assess  and  collect  a tax  on  any  and  all  public  shows,  con- 
certs, exhibitions,  theatrical  entertainments,  menageries,  circuses,  and 
on  any  other  public  amusement,  and  the  amount  of  taxes  provided  for 
by  this  section  shall  be  fixed  by  the  mayor  and  aldermen,  and  may  be 
collected  by  license,  or  in  such  other  mode  as  may  be  deemed  best ; Pro- 
vided, That  no  tax  shall  be  laid  on  any  concert,  exhibition,  lecture,  the- 
atrical entertainment,  or  other  public  amusement  which  is  solely  for  a 
charitable  purpose. 

Sec.  54.  Be  it  further  enacted , That  the  mayor  of  said  city  is  a conserv- 
ator of  the  peace  within  the  corporate  limits  thereof,  and  it  is  his  right 


*Amended  Acts  of  Ala.,  1884-85,  p.  3;2;2:  post. 


CHARTER. 


17 


and  duty  to  suppress  all  affrays,  riots,  unlawful  assemblies,  and  insurrec- 
tions, all  lewd,  indecent,  profane,  boisterous,  riotous,  or  disorderly  con- 
duct, in  any  public  place  therein : to  do  which,  he  may  summon  to  his 
aid  as  many  of  the  male  inhabitants  residing  in  the  corporation  as  he 
may  think  proper.  He  has  full  power  to  punish  for  contempt,  under  the 
same  rules  and  regulations  as  are  prescribed  by  the  Kevised  Code  of 
Alabama,  in  reference  to  the  punishment  for  contempt  by  justices  of  the 
peace.  He  has  full  power  to  try  all  offences  against  the  ordinances  and 
by-laws  of  the  corporation,  without  regard  to  the  amount  of  the  fine  or 
forfeiture,  and  to  punish  the  offender  both  by  fine  and  imprisonment,  in 
the  manner  prescribed  by  said  ordinance. 

Sec.  55.  *Be  it  further  enacted , That  the  mayor  and  aldermen  shall  have 
power  to  suppress  houses  of  ill  fame,  to  restrain,  prohibit  and  punish 
every  species  of  vice  and  immorality,  all  disorderly  conduct,  affrays,  as- 
saults and  batteries,  and  all  other  breaches  of  the  peace  within  their  cor- 
porate limits ; to.license,  restrain  and  regulate  billiard  tables,  ten  pin 
alleys,  pool  tables,  and  all  other  tables  and  games  of  like  kind,  and  to 
cancel  and  annul  such  ; and  all  other  licenses  granted  by  said  corpora- 
tion ; to  restrain  and  prohibit  racing  and  cock-fighting,  and  prohibiting 
gaming  of  any  description  within  the  corporate  limits,  and  in  general  to 
suppress,  restrain,  prohibit,  and  punish  all  acts,  assemblages,  or  things 
within  said  corporate  limbs,  injurious  to  the  public  health,  or  morals,  or 
endangering  the  peace  and  good  order  of  said  city. 

Sec.  46.  Be  it  further  enacted,  That  the  mayor  and  aldermen  shall  have 
full  power  to  declare  nuisances,  and  to  suppress,  abate  and  remove  them 
when  so  declared ; to  establish  night  watches,  patrols  and  guards;  to 
erect  lamps  ; to  compel  the  owners  of  houses  and  lots  on  the  streets  or 
squares  of  said  city  to  pave  with  stone  or  brick  the  sidewalks  opposite 
their  lots,  and  to  plant  shade  trees  along  the  sidewalks  in  front  thereof, 
and  to  protect  by  adequate  penalties  shade  and  ornamental  trees  in 
said  city. 

Sec.  57.  it  further  enacted,  That  said  mayor  and  aldermen  shall  have 
power  to  license,  restrain,  and  prohibit  the  retailing  of  spirituous, vinous, 
and  malt  liquors  within  said  city ; Provided,  Such  persons  as  thev%  may 
see  fit.  to  license,  shall  have  first  obtained  a license  from  the  county  court 
and  they  may  provide  for  annulling  said  license  on  complaint  and  proof 
of  the  abuse  thereof. 

Sec.  58.  Be  it  further  enacted,  That  said  mayor  and  aldermen  shall  have 
power  to  establish  and  regulate  markets  and  market-houses,  to  rent 
stalls,  and  prevent  the  sale  of  meat,  fish,  poultry  and  game,  or  other  ar~ 


*Amended,  Acts  of  Ala.,  1884-85,  p.  3 '22:  post. 


18 


CHARTER. 


tides  usually  sold  in  market-houses,  except  at  the  public  market  place 
during  such  hours  as  may  be  fixed  for  market  hours,  and  to  prevent  and 
punish  free  stalling. 

Sec.  59.  Be  it  further  enacted , That  said  corporate  authorities  shall  have 
power  to  repair  streets,  drains,  and  landings,  and  to  pass  laws  for  keep- 
ing  them  in  repair  ; also  to  widen,  change,  or  make  of  uniform  width, any 
streets  now  open,  and  to  open  new  streets  in  said  city  ; and  to  remove 
and  prohibit  encroachments  on  streets  now  opened,  and  the  statute  of 
limitations  shall  not  prevail  in  any  plea  of  adverse  possession,  when  en- 
croachments have  or  may  hereafter  be  made. 

Sec.  60.  Be  it  further  enacted.  That  in  opening  of  any  new  street,  or 
changing  any  street  now  open  as  laid  down  in  the  plan  of  said  city,  the 
said  mayor  and  aldermen  shall  be  controlled  and  governed  by  sections 
1704,  1705,  1706,  1707,  1708,  1709,  1710,  1811,  1712,  and  1713,  of  part  2, 
title  2,  chapter  2,  of  the  Revised  Code  of  Alabama,  so  far  as  they  can  be 
made  applicable  to  such  cases ; and  the  said  mayor  and  aldermen  shall 
be  entitled  for  said  city  to  all  the  rights  and  privileges,  granted  in  said 
sections  to  private  corporations. 

Sec.  61.  Be  it  further  enacted , That  said  mayor  and  aldermen  shall  have 
power  to  establish  and  regulate  fire  wards  and  fire  companies,  and  to  re- 
quire owners  of  houses  to  keep  ladders  and  fire  buckets,  to  provide  by 
ordinance  or  by  law  for  the  extinguishment  of  fire,  pulling  down  houses, 
buildings  and  fences,  to  stop  the  progress  of  the  same. 

Sec.  62.  Be  it  further  enacted , That  said  mayor  and  aldermen  shall  have 
power  to  provide  said  city  with  a full  supply  of  water,  and  for  this  pur- 
pose may  dig  wells  and  cisterns,  build  aqueducts,  or  erect  and  construct 
water  wrorks,  or  by  such  other  means  as  they  may  deem  best,  so  as  to 
promote  the  health,  cleanliness  and  safety  of  said  city,  and  to  preserve 
the  houses  and  property  of  the  inhabitants  from  destruction  by  fire. 

Sec.  63.  Be  it  further  enacted:,  That  said  mayor  and  aldermen  shall  have 
power  and  authority  to  establish  and  erect  gas  works,  for  lighting  said 
city  with  gas,  and  for  this  purpose,  and  also  for  the  purpose  of  erecting 
and  constructing  water  works,  may  contract  for,  hold,  use  and  take  the 
right  of  way,  over,  through,  or  upon  any  lands  necessary,  and  if  said  cor- 
porate authorities  cannot  agree  with  the  owners  of  said  lands,  as  to  their 
purchase,  then  said  corporate  authorities  shall  be  entitled  to  all  the  bene- 
fits, rights  and  power  of  “an  act  to  prescribe  the  mode  of  taking  private 
property  for  railroads,  or  other  purposes  for  public  use,  approved  Febru- 
ary 1st,  1870,”  or  if  said  corporate  authorities  deem  it  advisable,  they 
shall  have  power  and  authority  to  contract  with  any  person  or  association 
of  persons,  or  corporation,  to  light  said  city  with  gas,  and  supply  said  city 
with  water.  They  shall  also  have  full  power  to  regulate  all  matters  con- 


CHARTER. 


19 


nected  with  said  gas  works  and  water  works,  by  them  established,  and  to 
fix  the  price  at  which  gas  and  water  shall  be  supplied  to  the  inhabitants. 

Sec.  64.  Be  it  further  enacted , That  said  mayor  and  aldermen  shall  have 
power  to  establish  certain  limits  in  said  city,  known  as  “fire  limits,”  and 
to  prohibit  and  prevent  the  erection  or  construction  therein  of  all  kinds 
of  wooden  or  other  building  or  structures,  except  those  erected  or  built 
of  stone,  brick,  or  safe  and  fire  proof  building  materials,  and  the  same 
shall  be  covered  with  slate,  or  metal  or  other  fire  proof  roofing  material ; 
and  shall  have  power  to  fix  and  prescribe  such  fines  and  penalties  as  they 
may  deem  proper  to  carry  into  effect  the  power  conferred  in  this  section, 
and  to  collect  the  same  as  other  fines  and  penalties. 

Sec.  65.  Be  it  f arther  enacted , That  the  mayor  and  aldermen  shall  have 
power  to  remove  all  unsafe  buildings,  dangerous  to  the  persons  or  prop- 
erty of  the  citizens,  and  also  all  wooden  buildings  liable  to  endanger  the 
property  of  others  by  fire,  from  that  portion  of  the  city  known  as  “fire 
limits,”  and  in  which  wooden  and  unsafe  buildings  are  forbidden  to  be 
erected,  when  in  their  judgment  they  deem  it  best  for  the  interests  of  said 
city  ; Provided , just  and  reasonable  compensation  is  made  the  owner  of 
said  building  for  all  actual  damages  he  may  sustain. 

Sec.  66.  Be  it  farther  enacted , That  the  mayor  and  aldermen  shall  have 
power  to  regulate,  restrain,  and  prohibit  the  storage  of  cotton,  powder, 
gun  cotton,  kerosene  oil,  and  all  explosive  oils,  nitro-glycerine,  shucks, 
and  hay,  or  any  other  combustible  article,  in  greater  quantity  than  is 
necessary  for  the  retail  trade,  within  certain  limits  in  said  city,  to  be  by 
them  fixed  by  ordinance,  and  the  fine  for  a violation  of  said  ordinance 
shall  be  fifty  dollars. 

Sec.  67.  *Be  it  further  enacted , That  the  mayor  and  aldermen  shall  have 
power  to  license  and  regulate  pawnbrokers,  auctioneers,  commission 
merchants,  eating  houses,  restaurants,  livery  and  sale  stables,  billiard 
rooms  and  tables  ; also  to  license  and  regulate  hacks,  carriages,  wagons, 
drays,  carts  and  horses  running  for  hire,  within  the  corporate  limits  ; also 
to  license  lager  beer  saloons,  lotteries,  raffles  and  theatres;  and  also  to 
license  bakers,  and  regulate  the  weight  and  price  of  bread. 

Sec.  68.  Be  it  further  enacted , That  the  mayor  and  aldermen  shall  have 
power  to  cause  all  vagrants,  idle,  disorderly,  or  dangerous  and  suspicious 
persons,  all  persons  of  evil  life  or  ill  fame,  and  all  such  as  have  no  visible 
means  of  support,  or  are  likely  to  become  ehargable  to  the  city  as  pau- 
pers, or  are  found  begging,  or  drunk  in  or  about  the  streets  or  about  tip- 
pling houses,  and  who  have  no  visible  or  honest  employment  or  business 
in  the  city,  all  who  have  no  fixed  place  of  residence  or  cannot  give  a 


* Amended  Acts  of  Ala.,  1884-85,  p.  3 ’2'2:  post. 


20 


CHARTER. 


good  account  of  themselves,  all  who  are  grossly  indecent  in  language  or 
behavior, publicly,  and  all  prostitutes  who  lead  a notoriously  lewd  or  las- 
civious course  of  life,  to  give  bond  and  good  security  for  their  good  beha- 
vior for  a reasonable  time,  and  in  case  of  their  inability  or  refusal  to  give 
such  security,  to  cause  them  to  be  punished  by  fine,  imprisonment,  or 
hard  labor  for  the  city,  for  a term  to  be  fixed  by  ordinance  of  said  board 
of  mayor  and  aldermen. 

Sec.  69.  Be  it  further  enacted , That  said  mayor  and  aldermen  shall  have 
power  to  regulate,  restrain  and  license  transient  merchants,  dealers, 
peddlers  or  venders  of  patent  medicines,  paints,  soaps,  and  other  articles 
of  merchandise,  and  such  persons  shall,  in  all  ca«es,  pay  for  said  license 
before  offering  to  sell  or  vend  any  of  their  goods,  wares  or  merchandise 
within  said  city,  to  the  tax  collector  thereof,  who  will  issue  said  license. 
They  have  also  authority  to  revoke  and  cancel  all  of  said  licenses  for 
cause. 

Sec.  70.  Be  it  further  enacted,  That  said  mayor  and  aldermen  shall 
have  full  authority  and  control  over  any  graveyard,  or  burial  ground, 
used  by  said  city ; to  regulate,  improve,  and  enlarge  the  same  by  pur- 
chase or  otherwise,  to  regulate  interments  therein,  and  appoint  a sexton 
therefor. 

Sec.  71.  Be  it  further  enacted,  That  the  mayor  and  aldermen  of  said 
city  of  Tuscaloosa,  and  other  officers  thereof,  shall  remain  in  office,  un- 
less removed,  until  the  next  annual  election  for  mayor  and  aldermen, 
and  until  their  successors  are  qualified  ; but  the  board  may  at  any  time 
repeal,  alter,  or  amend  the  ordinances  creating  or  .employing  said  offi- 
cers, or  regulating  their  duties,  or  compensation,  and  may  fill  all  vacan- 
cies ; the  mayor  and  aldermen  may  require  any  or  all  of  their  officers  to 
give  bond,  with  good  security,  to  be  approved  by  the  board,  before  en- 
tering upon  the  discharge  of  their  duties  ; the  conditions  of  said  bond 
shall  be,  to  faithfully  discharge  all  the  duties  of  their  respective  offices ; 
suit  may  be  instituted  and  recovery  had  on  said  bonds  before  any  court 
having  jurisdiction,  in  the  name  of  the  mayor  and  aldermen,  for  the  use 
of  said  city,  or  the  person  injured  by  any  breach  of  the  conditions  of 
said  bond,  and  said  bond  shall  remain  good  for  any  future  breaches  of 
its  conditions  ; the  mayor  and  aldermen  may  provide  summary  remedies, 
by  motion  or  otherwise,  before  the  mayor,  against  the  officers  of  the 
corporation  and  their  sureties,  for  any  official  default  or  neglect. 

Sec.  72.  *Be  it  further  enacted , That  hereafter,  in  all  cases  of  default 
in  the  payment  or  securing  the  payment  of  any  fine  or  forfeiture  assess- 
ed against  any  person,  and  judgment  rendered  by  any  authority  of  the 
city  of  Tuscaloosa,  or  by  notice  of  any  by-law  or  ordinance  of  said  city, 


* Amended,  Acts  of  Ala.,  1884-85,  p.  322:  post. 


CHARTER. 


' 21 

the  mayor,  or  other  officer  presiding,  shall  have  the  right  and  power  to 
require  the  party  thus  being  in  default,  to  labor  on  the  public  streets,  or 
such  other  works  of  said  city  as  the  mayor  or  other  officer  presiding  may 
direct,  for  a time  not  exceeding  sixty  days,  at  the  discretion  of  the  may- 
or or  officer  presiding  at  such  trial,  or  the  party  may  be  committed  to 
the  guard-house  or  county  jail  of  the  county  for  a period  not  exceeding 
sixty  (60)  days. 

Sec.  73.  Be  it  further  enacted , That  the  mayor  of  said  city  has  authority 
and  power  to  issue  his  warrant  or  summons  for  the  recovery  of  all  fines, 
forfeitures,  assessments  and  other  causes  of  action  accruing  under  this 
act,  or  under  the  by-laws  or  ordinances  of  said  corporation,  either  in  the 
breach  or  for  the  non-compliance  therewith,  and  to  render  judgment 
and  issue  executions  thereon,  and  the  marshal  of  the  corporation,  or 
other  officer  to  be  appointed  by  the  mayor  and  aldermen,  is  hereby  au- 
thorized to  execute,  within  said  corporation,  all  process  directed  to  him 
from  said  mayor  or  mayor  and  aldermen. 

Sec.  74.  Beit  further  enacted , That  the  marshal  of  said  corporation,  in 
addition  to  other  powers,  has  full  authority  to  execute  all  the  lawful  or- 
dinances, resolutions,  by-laws,  and  orders  of  the  corporate  authorities, 
within  their  jurisdiction,  and  must,  without  warrant,  arrest  all  offenders 
breaking  the  peace,  or  violating  any  ordinance  of  the  city,  and  bring 
them  before  the  mayor,  and  in  order  to  the  execution  of  his  power  and 
duties,  he  may  summon  to  his  aid  as  many  of  the  male  inhabitants  resid- 
ing in  the  corporation  as  may  be  necessary.  He  shall  also  have,  within 
the  corporate  limits  of  said  city,  and  within  one  mile  thereof,  all  the  au- 
thority and  power  to  execute  process,  serve  writs  and  subpoenas,  and 
collect  executions  issued  by  any  lawful  officer  of  said  county,  as  any 
constable  of  the  county  of  Tuscaloosa. 

Sec.  75.  Be  it  further  enacted , That  the  mayor  and  aldermen  shall  have 
power  to  erect  public  scale-houses  with  proper  scales,  weights  and 
measures,  and  to  appoint  weighers  and  measurers  to  weigh  coal,  iron, 
hay,  fodder  and  corn,  and  to  measure  wood  and  other  articles  sold  to 
the  public. 

Sec.  76.  Be  it  farther  enacted , That  the  city  clerk  or  secretary,  or  officer 
performing  the  duties  of  clerk,  shall  be  required  to  keep  a register,  in 
which  all  persons  legally  qualified  to  vote  in  said  city  shall  be  required 
to  have  their  names  registered  before  they  shall  be  allowed  to  vote  at  any 
election,  or  for  any  officer  of  said  city.  The  said  register  is  to  be  open 
forty  days  previous  to  any  election  and  closed  three  days  before  the 
polls  are  opened  for  such  an  election.  The  qualifications  for  registration 
and  voting  shall  be  regulated  by  the  following  conditions  : Upon  the  ap- 
plication of  any  person  entitled  to  vote  by  the  charter  of  said  city,  as 


22 


CHARTER. 


aforesaid,  within  the  time  prescribed  for  the  register  to  be  kept  open, 
giving  name,  age,  business  or  profession  of  such  applicant  for  registra- 
tion, and  giving  the  ward  in  which  he  resides,  and  the  time  of  his  resi- 
dence in  this  State,  city  and  ward.  It  shall  be  the  duty  of  said  clerk  or 
registering  officer  to  register  the  said  applicant,  if  a qualified  voter, 
which  may  be  proved  by  the  oath  of  the  applicant,  administered  by  the 
person  registering. 

Sec.  77.  Be  it  further  enacted,  That  the  mayor  and  aldermen  shall,  by 
ordinance,  provide  for  the  punishment  of  all  illegal  voting  at  any  elec- 
tion held  in  said  corporation,  and  the  fine  therefor  shall  not  be  less  than 
twenty-five  dollars. 

Sec.  78.  Be  it  further  enacted,  That  all  acts  and  parts  of  acts  contra- 
vening the  provisions  of  this  act,  and  especially  “an  act  to  incorporate 
the  city  of  Tuscaloosa,  approved  January  9,  1836,”  and  “an  act  to  amend 
the  charter  of  the  city  of  Tuscaloosa,  approved  February  8,  1843,”  and 
“an  act  to  confer  certain  powers  on  the  mayor  of  the  city  of  Tuscaloosa, 
approved  14th  February,  1843,”  and  “an  act  to  amend  the  charter  of 
the  city  of  Tuscaloosa,  approved  19th  January,  1854,”  and  the  12th  sec- 
tion of  “an  act  to  provide  for  the  registration  of  electors,  session  acts 
1868,  page  205,  approved  October  5,  1868  so  far  as  it  applies  to  the  city 
of  Tuscaloosa,  be  and  the  same  are  hereby  repealed  ; Provided , however , 
And  it  is  expressly  hereby  declared  that  all  rights,  privileges  and  immu- 
nities, heretofore  and  now  possessed  by  the  mayor  and  aldermen  of  the 
city  of  Tuscaloosa  of  their  official  capacity,  whether  in  property  real, 
personal,  or  mixed,  or  any  other  kind  or  description  whatsoever,  shall 
remain  in  the  present  mayor  and  aldermen  of  the  city  of  Tuscaloosa, and 
their  successors  in  office,  for  the  benefit  of  the  inhabitants  thereof,  and 
all  officers  of  the  city  now  in  office  shall  . remain  therein,  subject  to  the 
provisions  of  this  charter,  until  the  next  election  provided  for  herein ; 
and  if  there  should  be  any  office  vacant,  or  any  new  office  created  by 
this  charter,  then  said  board  of  mayor  and  aldermen  shall  at  once  ap- 
point some  one  to  said  office  who  is  eligible  under  this  charter,  and  all 
suits  or  actions  now  commenced' or  pending,  either  in  behalf  of  the  may- 
or and  aldermen  or  against  them,  shall  be  prosecuted  and  proceeded 
with  to  a final  decision,  in  the  same  manner  as  if  this  act  had  never 
passed,  and  all  the  by-laws  and  ordinances  now  in  force,  not  inconsis- 
tent with  this  act,  as  adopted  and  passed  hy  the  mayor  and  aldermen  of 
said  city,  shall  be  and  remain  in  force  until  altered  or  repealed. 

Sec.  79.  *Be  it  further  enacted , That  said  mayor  and  aldermen  shall 
have  power  and  authority  to  issue  bonds  of  said  city  of  Tuscaloosa,  not 
to  exceed  forty  thousand  dollars,  of  which  not  more  than  twenty  thou- 


*Amended,  Acts  of  Ala.,  1882-83,  p.  554 ; post. 


CHARTER. 


23 


sand  shall  be  used  for  erecting  and  constructing  water  works  for  said 
city,  and  not  more  than  twenty  thousand  for  erecting  and  constructing 
gas  works  for  said  city,  said  bonds  to  bear  interest  at  a rate  not  exceed- 
ing ten  per  cent.,  with  coupons  attached,  payable  to  hearer  annually  at 
the  city  treasury,  and  to  be  receivable  for  city  taxes  from  the  holder  or 
any  transferee.  In  the  event  that  any  of  said  bonds  shall  bear  ten  per 
cent,  interest,  they  shall  not  be  sold  or  disposed  of  for  less  than  their 
par  value. 

Sec.  80.  Be  it  further  enacted , That  said  bonds  may  be  issued  in  sums  of 
one  hundred  dollars,  or  any  multiple  thereof  not  greater  than  one  thou- 
sand dollars.  They  shall  he  signed  by  the  mayor  and  countersigned  by 
the  secretary  of  said  city,  and  have  the  county  seal  attached  to  each. 
The  coupons  shall  be  signed  and  numbered  by  the  city  secretary,  who 
shall  keep  a correct  account  of  all  bonds  issued  and  disposed  of  under 
this  act.  Said  bonds  shall  be  made  payable  at  such  times  as  the  mayor 
and  aldermen  may  agree  on,  not  exceeding  thirty  years  from  their  issu- 
ance ; may  be  transferred  by  delivery  as  negotiable  paper,  and  shall  be 
redeemable  at  the  city  treasury  on  maturity. 

Sec.  81.  Be  it  further  enacted , That  said  bonds  shall  be  exempt  from 
the  tax  required  by  law  on  seals,  and  from  all  State  and  county  taxes 
for  the  period  of  twelve  months  after  they  mature  or  fall  due,  but  no 
longer. 

Approved,  March  12,  1373. 

Acts  of  Ala.,  1872-73,  p.  377. 


24 


AMENDMENTS  OF  CHARTER. 


AMENDMENTS  OF  CHARTER. 


An  Act  to  amend  an  Act  entitled  “An  Act  to  incorporate  the  City  of 
Tuscaloosa,”  approved  March  12,  1873. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  Alabama,  That  section 
6 of  an  act  entitled  “an  act  to  incorporate  the  city  of  Tuscaloosa,”  ap- 
proved March  12,  1873,  which  reads  as  follows,  to-wit : “Sec.  6.  Beit 
further  enacted,  All  male  persons  shall  be  qualified  voters  in  the  election 
of  officers,  and  other  elections  held  in  said  city,  who  are  qualified  by  the 
constitution  and  laws  of  the  State  to  vote  for  members  of  the  State 
legislature,  and  who  reside  in  the  corporate  limits  of  said  city ; Provided, 
That  any  male  person  so  qualified  by  the  laws  of  the  State,  may  also 
vote  in  said  election,  who  does  business  within  said  corporate  limits  and 
pays  city  taxes  on  five  hundred  dollars  worth  of  real  estate  located  with- 
in the  city  limits,  he  voting  for  alderman  only  in  the  ward  in  which  he 
may  own  the  greatest  amount  of  real  estate  in  value,”  be  and  the  same 
is  hereby  amended  so  as  to  read  as  follows  : Sec.  6.  Be  it  further  enacted, 
That  the  following  persons,  and  none  others,  shall  be  qualified  voters  in 
all  elections  held  in,  and  for,  said  t it v , to-wit : Those  male  citizens  quali- 
fied by  law  to  vote  in  State  elections  who  shall  have  resided  within  the 
corporate  limits  of  said  city,  Bonu  fide,  for  sixty  days  prior  to  any  such 
election  ; Provided,  That  any  male  person  so  qualified  by  the  laws  of  the 
State  may  vote  in  such  election  who  owns,  in  his  own  right,  or  that  of 
his  wife,  three  hundred  dollars. worth  of  property,  located  within  said 
city  limits,  upon  which  he  pays  municipal  taxes.  In  ail  elections  each 
qualified  voter  may  vote  for  one  person,  or  candidate,  for  alderman,  in 
each  and  every  ward,  as  well  as  for  mayor,  and  other  elective  municipal 
officers.  And  this  amendment  shall  go  into  effect  immediately. 

Sec.  2.  Be  it  f urther  enacted,  That  sections  2d  and  27  of  said  charter  of 
the  city  of  Tuscaloosa,  which  reads  as  follows:  “Sec.  20.  Be  it  further 
enacted,  That  there  shall  be  elected  by  the  qualified  electors  of  said  city, 
at  the  time  and  place  of  electing  the  mayor  and  aldermen,  a marshal  for 
said  city,  whose  term  of  service  6hall  be  the  same  with  that  of  mayor  and 
aldermen,  unless  he  is  removed,  dies,  resigns,  or  otherwise  vacates  his 
office.  Sec.  27.  Be  it  further  enacted,  That  the  mayor  and  aldermen,  by 
a vote  of  two-thirds,  may  at  any  time  remove  from  office  the  marshal  of 
said  city,  and  supply  his  place  at  once  by  a temporary  appointment,”  be 


AMENDMENTS  OF  CHARTER. 


25 


and  the  said  sections  26  and  27  are  hereby  repealed ; and  said  sections 
shall  respectively  be  amended  so  as  to  read  as  follows,  to-wit : Sec.  26. 

Be  it  further  enacted,  That  the  board  of  mayor  and  aldermen  are  em- 
powered to  elect  a marshal  for  said  city,  whose  term  of  service  shall  be 
the  same  with  that  of  the  mayor  and  aldermen,  unless  he  is  removed,  re- 
signs, or  otherwise  vacates  his  office.  Sec.  27.  Be  it  further  enacted, That 
the  mayor  and  aldermen,  by  a vote  of  two-thirds,  may  at  any  time  re- 
move from  office  the  city  marshal,  and  appoint  another  to  fill  the  vacancy 
created  by  such  removal. 

Sec.  3.  Be  it  further  enacted , That  all  laws  or  parts  of  laws,  and  es- 
pecially of  said  charter  of  the  city  of  Tuscaloosa,  in  conflict  with  the  pro- 
visions of  this  act,  be  and  the  same  are  hereby  repealed. 

Approved  December  5,  1874. 

Acts  of  Ala.,  1874-75,  p.  433. 


■ An  Act  to  amend  the  Act  “To  incorporate  the  City  of  Tuscaloosa”  by  the 
addition  of  sections  in  reference  to  slaughter-houses  ; — Approved  March 
12th,  1873. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  Alabama,  That  an 
act  entitled  An  act  to  incorporate  the  city  of  Tuscaloosa,  approved  March 
12,  1873,  be  amended  by  the  addition  of  the  following  sections,  to  be  num- 
bered sections  eighty-two  and  eighty-three,  as  follows: 

Sec.  82.  Be  it  further  enacted,  That  from  and  after  the  first  day  of 
April,  1876,  it  shall  be  unlawful  for  any  person  to  keep  or  establish  any 
slaughter-house  or  other  establishment  for  carrying  on  the  butchering 
business,  within  the  corporate  limits  of  said  city;  Provided,  That  the 
board  of  mayor  and  aldermen,  by  unanimous  vote  of  the  mayor  and  every 
alderman  then  in  office  in  said  city,  may  authorize  the  keeping  or  estab- 
lishing of  a slaughter-house  within  said  corporate  limits,  subject  to  such 
conditions  and  restrictions  as  said  board  may  deem  necessary  for  the  pro- 
tection of  the  health  and  comfort  of  the  citizens  of  said  city,  or  of  any 
portion  of  them  ; and  any  one  violating  the  provisions  of  this  section 
shall  be  fined,  upon  conviction  before  the  mayor,  not  less  than  fifty  nor 
more  than  one  hundred  dollars  for  every  violation  hereof ; and  it  shall 
not  be  lawful  for  said  mayor  to  remit  any  portion  of  said  fine. 

Sec.  83.  Be  it  further  enacted,  That  when  any  person  shall  have  been 
authorized  and  allowed,  as  provided  for  in  section  eighty-two,  to  keep  or 
establish  a slaughter-house  within  the  corporate  limits  of  said  city,  and 
the  same  shall  have  become  a nuisance,  or  prejudicial  to  the  health  or 
comfort  of  the  citizens  thereof,  or  any  portion  of  them,  it  shall  be  the 


26 


AMENDMENTS  OF  CHARTER. 


duty  of  the  mayor  and  aldermen  to  cause  an  inspection  to  be  made  at 
once  of  the  premises  and  slaughter-house,  by  a committee  appointed  by 
said  body,  who  shall  take  with  them  some  physicians  of  high  standing  in 
said  city,  whose  opinion  shall  be  taken  and  certified  by  the  chairman  of 
said  committee  to  the  board  of  mayor  and  aldermen.  And  thereupon  it 
shall  be  the  duty  of  said  board  of  mayor  and  aldermen  to  hear  and  de- 
termine said  complaint;  and  unless  two-thirds  of  said  board  shall  decide 
adversely  to  said  complaint,  the  said  slaughter-house  shall  be  abated  and 
discontinued  as  a nuisance ; Provided , That  upon  the  filing  of  any  com- 
plaint as  herein  provided,  it  shall  be  the  duty  of  the  mayor  to  cause  the 
use  of  said  slaughter-house  or  place  to  be  discontinued  until  such  time 
as  said  complaint  shall  be  heard  and  determined  by  said  board  of  mayor 
and  aldermen. 

Approved  March  1,  1876. 

Acts  of  Ala.,  1875-76,  p.  312. 


To  authorize  the  Mayor  and  Aldermen  of  the  city  of  Tuscaloosa, 
Alabama,  to  license  auctioneers. 

Section  1.  Be  it  enucted  by  the  General  Assembly  of  Alabama , That  the 
mayor  and  aldermen  of  the  city  of  Tuscaloosa,  Alabama,  be,  and  they 
are,  hereby  authorized  and  empowered  to  levy  and  collect  a license  tax 
upon  auctioneers,  within  the  corporate  limits  of  said  city,  and  to  regulate 
the  same  by  ordinapce,  any  law  to  the  contrary  notwithstanding;  Provid- 
ed, That  nothing  herein  contained  shall  authorize  a tax  or  license  to  be 
levied  upon  sales  under  judicial  proceedings,  or  by  executors,  adminis- 
trators, guardians,  or  under  deed  of  trust  or  mortgage  for  the  security  or 
payment  of  debts. 

Approved  December  6,  1880. 

Acts  of  Ala.,  1880-81,  p.  323. 


An  Act  to  amend  section  four  of  an  act  “To  incorporate  the  City  of 
Tuscaloosa,”  approved  March  12th,  1873.  ■ 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  Alabama , That  sec- 
tion four  of  an  act  entitled  “An  Act  to  incorporate  the  city  of  Tuscaloosa,” 
approved  March  12th,  1873,  be,  and  the  same  is  hereby  amended  to  read 
as  follows : 

Sec.  4.  Be  it  further  enacted , That  there  shall  be  held  biennially  with- 
in the  city  of  Tuscaloosa,  beginning  on  the  first  Monday  in  December, 
1882,  an  election  for  mayor  of  the  city  of  Tuscaloosa,  and  for  one  alder- 


AMENDMENTS  OF  CHARTER. 


27 


man  for  each  of  the  six  wards  of  said  city.  Said  election  to  be  held  at 
such  place  or  places  in  said  city  as  the  mayor  and  aldermen  may  deter- 
mine ; and  said  mayor  and  aldermen  so  elected,  and  each  subsequent 
board  of  mayor  and  aldermen  of  said  city,  shall  in  like  manner  cause  an 
election  to  be  holden  for  a mayor  and  six  aldermen  of  said  city,  every 
two  years  thereafter. 

Sec.  2.  Be  it  f arther  enacted , That  said  section  four  of  said  act,  as  it 
now  stands,  be,  and  the  same  is  hereby  repealed. 

Sec.  3.  Be  it  further  enacted , That  this  act  shall  take  effect  and  go  into 
operation  from  and  after  the  date  of  its  approval. 

Approved  November  28,  1882. 

Acts  of  Ala.,  1882-83,  p.  202. 


An  Act  to  amend  section  79  of  an  Act  entitled  “An  Act  to  incorporate  the 
City  of  Tuscaloosa,”  approved  March  12th,  1873. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  Alabama,  That  sec- 
tion 79  of  an  act  entitled  “An  act  to  incorporate  the  city  of  Tuscaloosa,” 
approved  March  12th,  1373,  be  amended  to  read  as  follows : 

Sec.  79.  Be  it  further  enacted , That  said  mayor  and  aldermen  shall  have 
power  and  authority  to  issue  bonds  of  said  city  of  Tuscalooosa,  not  to  ex- 
ceed fifty  thousand  dollars  ; of  which  not  more  than  twenty  thousand 
shall  be  used  for  erecting  and  constructing  water  works  for  said  city, and 
not  more  than  thirty  thousand  for  the  purpose  of  repairing  and  prevent- 
ing the  further  encroachments  of  the  gullies  and  water  drains  of  said 
city  upon  the  streets  and  real  property  of  the  inhabitants  of  said  city, and 
for  grading  and  repairing  and  opening  the  streets  and  public  parks  of 
said  city,  and  to  preserve  the  property  of  the  city  and  of  the  inhabitants 
thereof : Such  bonds  to  bear  interest  at  a rate  not  exceeding  eight  per 

cent,  with  coupons  and  to  be  receivable  for  city  taxes  from  the  holder 
or  any  transferee  thereof. 

Approved  February  23,  1883. 

Acts  of  Ala.,  1882-83,  p.  554. 


An  act  to  amend  “An  act  to  incorporate  the  City  of  Tuscaloosa,” 
approved  March  12th,  1873. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  Alabama , That  the 
act  entitled  an  act  to  incorporate  the  city  of  Tuscaloosa,  approved  March 
12th,  1873,  be  amended  by  adding  the  following  sections  thereto: 

Sec.  84.  Be  it  further  enacted , That  the  mayor  and  aldermen  of  the  city 


28 


AMENDMENTS  OF  CHARTER. 


of  Tuscaloosa  shall  have  power  and  authority  to  license,  restrain  and  pro- 
hibit the  selling  or  retailing  of  spirituous,  vinous  or  malt  liquors  .within 
the  corporate  limits  of  said  city,  and  to  provide  for  annulling  and  revok- 
ing such  license  on  good  cause  being  shown  ; to  prevent  the  selling  or  giv- 
ing away  of  spirituous,  vinous,  or  malt  liquors  whenever  they  shall  deem 
it  expedient,  and  for  such  time  as  they  may  deem  it  necessary  ;to  license 
and  regulate  hawkers  and  street  vendors  of  every  description,  and  for 
good  cause  to  annul  such  license;  to  license,  restrain,  and  regulate  thea- 
trical and  other  exhibitions,  shows,  concerts,  menageries,  circuses  and 
any  other  public  amusement ; Provided , That  no  license  be  laid  on  any 
concert  or  other  exhibition,  or  other  public  ami^ement,  which  is  solely 
for  a charitable  purpose ; to  license  and  regulate  livery  and  sale  stables ; 
to  license  and  regulate  hacks,  carriages,  buggies,  carts,  drays  and  all 
other  vehicles  running  for  hire  within  the  corporate  limits;  to  license, 
» regulate,  and  restrain  transient  merchants  or  dealers  and  vendors  of  pat- 
ent medicines,  paints,  soaps,  and  other  articles  of  merchandise,  and  to 
revoke  and  cancel  said  license  for  cause  ; to  license  and  regulate’  pawn- 
brokers, auctioneers,  and  commission  merchants;  to  license  and  regulate 
insurance  and  express  companies  and  their  agents,  telegraph  and  tele- 
phone companies  and  their  agents,  sewing  machine  companies  and  sew- 
ing machine  agents,  and  railroads  and  street  railroads  companies  ; to  li- 
cense and  regulate  hotels,  eating-houses  and  restaurants  ; to  license  and 
regulate  theatres  and  all  public  halls  kept  as  places  of  amusement  or 
otherwise ; to  license,  restrain  and  regulate  billiard,  pool,  bagatelle  or 
jenny  lind  tabbies,  ten  pin  alleys,  and  all  other  games  of  like  kind  or  de- 
scription, and  to  provide  for  cancelling  and  annulling  such  license;  to 
license  and  regulate  barbers  and  barber  shops  ; to  license  and  regulate 
pistol  or  shooting  galleries,  the  game  of  quoits,  and  all  kind  and  descrip- 
tion of  games  of  chance  played  in  a public  place ; to  license  and  regulate 
warehouses  and  warehousemen  ; to  license  and  regulate  photographers 
and  daguerrean  artists,  and  dealers  in  pistols,  bowie-knives  and  shot- 
guns or  fire  arms,  and  knives  of  like  kind  or  description  ; to  establish  and 
regulate  a free  public  school  or  schools  for  the  tuition  of  children  resid- 
ing in  the  corporation,  and  to  employ  teachers  for  the  same  at  suitable 
salaries ; to  license  and  regulate  dealers  in  commercial  fertilizers  and  all 
kinds  of  guanos  and  phosphates  used  for  such  purpose  ; to  license  and 
regulate  coal  and  wood  yards ; to  license  and  regulate  dancing  masters, 
and  skating  rinks;  to  license  and  regulate  lightning  rod  agents,  stove, 
range,  or  clock  companies,  (not  to  supply  to  merchants  doing  a general 
business,  who  keep  said  articles  in  stock)  ; to  license  and  regulate  com- 
mercial reporting  agencies ; to  license  and  regulate  dealers  in  playing 
cards  ; to  license  and  regulate  persons  or  firms,  who  engage  in  the  busi- 
ness of  buying  or  selling  futures  for  speculation  or  on  commission. 


AMENDMENTS  OF  CHARTER. 


29 


Sec.  85.  Be  it  further  enacted,  That  hereafter  in  all  cases  of  default  in 
the  payment  or  securing  the  payment  of  any  fine  or  forfeiture  assessed 
against  any  person,  and  judgment  rendered  by  any  authority  of  the  city 
of  Tuscaloosa,  or  by  notice  of  any  by-law  or  ordinance  of  said  city,  the 
mayor,  or  other  officer  presiding,  shall  have  the  right  and  power  to  re- 
quire the  party  thus  being  in  default  to  labor  on  the  public  streets,  or 
such  other  works  of  said  city  as  the  mayor  or  officer  presiding  may  di- 
rect, for  a time  not  exceeding  sixty  days,  at  the  discretion  of  the  mayor 
or  officer  presiding  at  such  trial ; or  the  party  may  be  hired  for  such 
length  of  time  and  at  such  rate  as  will  pay  said  fine  and  costs,  or  the 
party  may  be  committed  to  the  guard-house  or  county  jail  of  the  county 
for  a period  not  exceeding  sixty  days.  It  is  hereby  made  the  duty  of  the 
sheriff  of  Tuscaloosa  county  to  receive  any  persons  arrested  or  commit- 
ed  to  jail  for  the  violation  of  any  city  ordinance,  upon  the  written  order 
of  the  mayor  or  officer  presiding  of  said  city ; Provided , that  arrangements 
be  first  made  with  the  shei  iff  for  the  payment  of  his  fees  for  receiving 
and  feeding  persons  so  committed 

Sec.  2.  Be  it  f urther  enacted , That  all  laws  and  parts  of  laws  in  conflict 
with  the  provisions  of  this  act,  so  far  as  the  same  apply  to  the  city  of 
Tuscaloosa,  are  hereby  repealed,  and  the  provisions  of  this  act  shall  be 
and  go  into  full  force  and  effect  from  and  after  the  date  of  the  approval 
thereof. 

Approved  February  7,  1885. 

Acts  of  Ala.,  1884-85,  p.  322. 


An  Act  to  constitute  the  City  of  Tuscaloosa  a separate  school  district, 
and  to  provide  for  the  management  of  the  public  schools  in  said  school 
district. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  Alabama,  That  the 
corporate  limits  of  the  city  of  Tuscaloosa,  and  that  portion  of  Tuscaloosa 
county  within  one  mile  of  the  corporate  limits  of  said  city,  south  of  the 
Warrior  river,  shall  constitute  a school  district,  separate  and  apart  from 
the  other  school  districts  in  the  county  of  Tuscaloosa,  and  the  inhabitants 
of  said  city  are  hereby  incorporated  by  the  name  of  “The  School  District 
of  the  City  of  Tuscaloosa.” 

Sec.  2.  Be  it  further  enacted , That  the  city  of  Tuscaloosa,  as  such  sep- 
arate school  district,  shall  receive  the  proportionate  share  of  the  public 
school  fund  coming  to  the  county  of  Tuscaloosa,  including  a 'pro  rata 
share  of  the  sixteenth  section  fund  of  each  township  that  lies  partly  with- 
in the  school  district  of  the  city,  and  shall  receive  all  the  taxes  collected 
as  poll  taxes  within  such  school  district,  said  fund  and  taxes  to  be  drawn 


30 


AMENDMENTS  OF  CHARTER. 


and  distributed  by  such  officer  as  may  be  appointed  for  that  purpose  by 
the  board  of  education  of  the  school  district  of  the  city  of  Tuscalopsa,  in 
the  same  manner  as  county  superintendents  of  education  draw  and  dis- 
burse the  funds  for  their  respective  counties  ; and  the  amount  thus  drawn 
for  the  school  district  of  the  city  of  Tuscaloosa  shall  be  used  exclusively 
for  the  maintenance  of  public  schools  in  said  district,  and  the  city  of  Tus- 
caloosa is  authorized  to  increase  its  school  fund  by  receiving  donations, 
but  for  the  disbursement  of  all  donated  funds  no  charge  whatever  shall 
be  made,  and  the  mayor  and  aldermen  of  the  city  of  Tuscaloosa  are  here- 
by authorized  to  increase  the  school  fund  by  levying  a tax,  not  to  exceed, 
one-fourth  of  one  per  cent,  on  the  taxable  property  of  said  city.  The 
tax  collector  of  the  city  of  Tuscaloosa  shall  be  authorized  and  empowered 
to  collect  the  State  and  county  poll  taxes  of  all  the  inhabitants  of  said 
school  district  liable  to  pay  said  tax  in  the  same  manner  as  is  now  pro- 
vided for  the  collection  thereof.  * 

Sec.  3.  Be  it  further  enacted , That  the  public  schools  of  the  school  dis- 
trict of  the  city  of  Tuscaloosa,  shall  be  under  the  charge  of  a board  of 
education,  to  consist  of  the  mayor  of  Tuscaloosa,  who  shall  be  ex  officio 
president  of  said  board,  and  four  other  persons,  residents  of  said  district, 
to  be  elected  by  the  mayor  and  aldermen  of  said  city  at  their  regular 
meeting  in  the  month  of  July,  1885;  the  two  first  elected  shall  hold  their 
office  for  the  term  of  one  year,  and  the  two  last  elected  shall  hold  their 
said  office  for  the  term  of  two  years,  and  at  each  regular  meeting  in  the 
month  of  July  of  each  year,  they  shall  elect  two  suitable  persons  to  suc- 
ceed those  whose  offices  have  expired  so  that  two  of  such  persons  shall 
be  elected  annually,  and  the  president  of  said  board  shall  make  reports 
and  furnish  statistics  and  information  to  the  superintendent  of  education 
of  the  State  as  may  be  required  by  law  of  county  superintendents  of 
education. 

Sec.  4.  Be  it  further  enacted , That  each  member  of  said  board  of  edu- 
cation, shall  upon  entering  on  the  duties  of  his  office  subscribe  an  oath 
to  faithfully  discharge  all  the  duties  enjoined  upon  him  by  law  as  such 
officer ; such  oath  may  be  administered  by  the  mayor  of  said  city. 

Sec.  5.  Be  it  further  enacted , That  said  board  of  education  shall  have 
power,  with  the  approval  of  the  board  of  mayor  and  aldermen,  to  build 
upon  the  property  of  the  city  suitable  houses  for  use  and  accommodation 
of  the  public  schools  of  said  school  district,  or  the  said  board  may  rent 
such  houses.  Said  board  shall  keep  said  houses  in  proper  repair  and 
shall  furnish  the  same  with  appropriate  furniture  and  apparatus  ; Pro- 
vided, that  no  contract  shall  be  entered  into  and  no  disbursement  of  any 
moneys  or  funds,  under  the  provisions  of  this  act  shall  be  made,  except 
by  the  consent  and  under  the  direction  and  control  of  the  board  of  may- 
or and  aldermen. 


AMENDMENTS  OF  CHARTER. 


31 


Sec.  6.  Be  it  further  enacted,  That  the  said  board  of  education  may 
open  a sufficient  number  of  schools  to  meet  the  wants  of  the  population 
of  the  city  of  Tuscaloosa  ; and  said  board  shall  elect  such  officers  as  are  in 
theiropinion  necessary  to  the  good  government  of  said  schools, and  when 
required  such  officers  shall, before  entering  upon  the  duties  of  their  respec- 
tive offices,  take  the  oath  of  office  prescribed  by  law  for  all  officers  in 
this  State,  and  shall  give  bond  in  such  sum  as  may  be  fixed  by  said  board 
of  education,  and  conditioned  as  all  other  official  bonds ; such  bond  shall 
be  approved  by  the  president  of  said  board  of  education,  and  filed  with 
the  other  official  bonds  of  the  city,  and  a certified  copy  of  the  bond  of  the 
officer  selected  to  receive  the  funds  of  said  district  shall  be  filed  in  the 
office  of  the  superintendent  of  education ; and  shall  elect  all  teachers,  fix 
their  compensation  and  prescribe  their  duties,  control  the  distribution  of 
teachers  and  pupils  among  the  several  schools,  dictate  the  course  of  in- 
struction, the  number  arid  character  of  text-books,  the  organization  of 
classes,  and  the  method  of  teaching,  and  shall  prescribe  rules  and  regu- 
lations for  the  government  of  the  schools  aforesaid.  Such  board  shall 
have  and  exercise  such  other  and  additional  powers  as  may  be  necessary 
to  give  it  complete  control  of  the  public  schools  of  said  school  district. 
Any  of  such  officers  or  teachers  may  be  removed  for  cause,  to  be  deter- 
mined by  said  board. 

Sec.  7.  Be  it  f urther  enacted , That  said  board  of  education  may  issue 
diplomas  to  all  persons  who  satisfactorily  complete  the  course  of  study 
prescribed  for  the  public  school  of  said  school  district. 

Sec.  8.  Be  it  fvrther  enacted , That  the  children  and  wards  of  all  actual 
residents  within  the  limits  of  the  school  district  of  the  city  of  Tuscaloosa, 
from  seven  to  nineteen  years  of  age,  shall  be  entitled  to  seats  as  pupils 
in  the  public  schools  of  said  city  ; Provided , such  children  shall  themselves 
be  bona  fide  residents  of  said  city,  and  non-resident  children  may  be  ad- 
mitted into  such  schools  on  such  terms  and  conditions  as  the  board  of 
education  may  prescribe,  but  separate  schools  shall  be  provided  for  col- 
ored children. 

Sec.  9.  Be  it  fvrther  enacted , That  the  board  of  education  shall  have 
power  to  charge  in  the  several  grades  in  said  schools  such  incidental  or 
other  fees  as  they  may  deem  necessary  for  the  proper  conduct  of  said 
schools. 

Sec.  10.  Be  it  further  enacted , That  all  funds  devoted  to  public  school 
purposes  in  the  school  district  of  the  city  of  Tuscaloosa,  whether  derived 
from  State,  county  or  city,  shall  be  paid  into  the  treasury  of  said  city, 
where  they  shall  be  kept  and  accounted  for,  separate  and  distinct  from 
all  other  funds  belonging  to  said  city,  and  shall  be  disbursed  in  such 
manner  as  the  board  of  education  shall  direct 


32 


AMENDMENTS  OF  CHARTER. 


Sec.  11.  Be  it  further  enacted,  That  the  board  of  education  shall  have 
authority  to  create  a board  for  the  examination  of  applicants  for  positions 
as  teachers  in  the  public  schools  of  the  school  district  of  the  city  of  Tus. 
caloosa,  and  no  person  shall  be  elected  as  a teacher  in  said  schools  who 
shall  not  have  received  a license  from  such  board. 

Sec.  12.  Be  it  further  enacted , That  the  board  of  education  may,  in  its 
discretion,  institute  annual  competitive  examinations  before  such  persons 
as  the  board  may  select  for  all  applicants  for  license  to  teach  in  the  pub- 
lic schools  of  the  school  district,  including  licensed  teachers  in  said 
schools  who  are  applicants  for  re-election  as  teachers. 

Sec.  13.  Be  it  further  enacted , That  all  laws  and  parts  of  laws  in  con- 
flict with  the  provisions  of  this  act,  be  and  the  same  are  hereby  repealed. 

Approved  February  17,  1885. 

Acts  of  Ala.,  1884-85,  p.  718. 


*An  Act  to  incorporate  the  Tuscaloosa  Fire  Company  Number  One, 
of  the  city  of  Tuscaloosa. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Alabama  in  General  Assembly  convened,  That  Robert  Blair,  Edward 
Watkins  and  Obediah  Berry,  their  associates  and  successors,  are  hereby 
incorporated  by  the  name  and  style  of  “The  Tuscaloosa  Fire  Company, 
Number  One and  by  said  name  and  style  the  aforesaid  company  is 
hereby  authorized  and  empowered  to  sue  and  be  sued,  to  have,  hold,  oc- 
cupy and  possess  goods  and  chattels,  lands  and  tenements  of  the  value 
of  ten  thousand  dollars,  and  to  make  such  by-laws,  rules  and  regulations 
for  the  proper  organization  and  good  government  of  the  company  not  in- 
consistent with  the  constitution  and  laws  of  the  United  States  and  the 
State  of  Alabama  and  the  provisions  of  this  act  of  incorporation,  as  they 
may  deem  proper. 

Sec.  2.  Be  it  further  enacted , That  the  said  Tuscaloosa  Fire  Company 
shall  consist  of  not  less  than  twenty-five  nor  more  than  fifty  members. 

Sec.  3.  Be  it  further  enacted,  That  the  company  shall  be  required  to 
keep  in  good  order  one  fire  engine  with  the  apparatus  thereunto  be- 
longing. 

Sec.  4.  Be  it  further  enacted,  That  the  members  of  said  company  shall 
be  exempt  and  hereby  are  exempted  from  military  duty,  road  tax,  per- 
formance of  jury  duty  as  grand  and  petit  jurors  in  the  circuit  and  pro- 

*Concerning  the  construction  of  the  words  “road  tax5’  as  found  in  the  4th 
section  of  this  act,  see  State  of  Alabama  v.  Emanuel  Lewin,  77  Ala., . 


AMENDMENTS  OF  CHARTER. 


33 

bate  courts  of  Tuscaloosa  county,  so  long  as  they  continue  to  perform 
the  duties  of  firemen  under  this  act : and  that  any  member  who  shall 
have  served  five  consecutive  years  in  said  company  without  any  inter- 
mission, or  who  shall  have  been  disabled  in  the  performance  of  duty  as 
such,  shall  be  constituted  an  exempt  fireman,  and  as  such  be  entitled  to 
all  the  privileges  and  immunities  of  active  members  of  the  company. 

Sec.  5.  Be  it  further  enacted , That  to  enable  the  members  of  said  com- 
pany to  enjoy  the  privileges  and  immunities  granted  them  by  this  char- 
ter, it  shall  be  the  duty  of  their  foreman  to  place  in  the  office  of  the 
sheriff  of  Tuscaloosa  county,  semi-annually,  a true  statement  of  the 
names  and  members  of  said  company  on  oath ; and  it  shall  be  the  duty 
of  the  sheriff  of  Tuscaloosa  county  to  prevent  the  said  names  from  being 
placed  in  any  of  the  jury  boxes  of  said  county. 

Sec.  6.  And  be  it  further  enacted , That  when  the  aforesaid  company 
shall  habitually  neglect  the  performance  of  their  duty  as  firemen,  or  vio- 
late the  provisions  of  this  charter,  it  shall  be  the  duty  of  the  mayor  of 
the  city  of  Tuscaloosa  to  issue  his  notice  calling  on  said  company  to  ap- 
pear before  the  board  of  mayor  and  aldermen  of  the  city  of  Tuscaloosa  at 
their  next  regular  meeting  and  show  cause  why  their  charter  should  not 
be  declared  forfeited  ; and  if  the  said  company  shall  be  found  guilty  of 
such  habitual  neglect,  the  said  mayor  and  aldermen  shall  declare  their 
charter  forfeited. 

Approved  February  10,  1852. 

Acts  of  Ala.,  1851-52,  p.  278. 


34 


TITLE  OF  ACTS. 


TITLE  OF  THE  SEVERAL  ACTS  PASSED  BY  THE 
LEGISLATURE  OF  ALABAMA,  RELATING 
TO  THE  CITY  OF  TUSCALOOSA. 


(In  the  following  caption  of  said  Acts,  the  name  Tuskaloosa 
or  Tuscaloosa  is  written  as  it  occurs  in  the  original.) 


AN  ACT  to  incorporate  the  town  of  Tuskaloosa; — approved  December 
13th,  1819.  Acts  of  Ala.,  1818-1819,  p.  108. 

AN  ACT  to  incorporate  the  lower  part  of  the  town  of  Tuskaloosa,  on  the 
south  fraction  of  section  21,  of  township  21  in  range  10  west  of  the 
meridian  of  Huntsville  ; — approved  December  20th, 1820.  Acts  of  Ala., 
1820  to  1824,  p.  103. 

AN  ACT  to  authorize  the  Intendant  and  Council  of  the  lower  part  of 
Tuskaloosa,  to  erect  a Toll  Bridge  across  the  Black  Warrior  River; — 
approved  November  27th,  1821.  Acts  of  Ala.,  1820  to  1824,  p.  36. 

AN  ACT  pointing  out  the  manner  by  which  the  streets  in  the  towns  of 
Tuskaloosa  and  Montgomery,  shall  be  kept  in  good  order,  and  for 
other  purposes  ; — approved  December  31st,  1823.  Acts  of  Ala.,  1820 
to  1824,  p.  115, 

AN  ACT  establishing  and  permanently  locating  the  Seat  of  Government 
for  the  State  of  Alabama,  pursuant  to  the  twenty-ninth  section  of  the 

third  article  of  the  Constitution  ; — approved , 1826.  Acts  of 

Ala.,  1825  to  1829,  p.  12. 

AN  ACT  providing  for  the  removal  of  certain  public  officers  to  the  town 
of  Tuscaloosa  ; — approved  January  27th,  1826.  Acts  of  Ala.,  1825  to 
1829,  p.  46. 

AN  ACT  providing  for  the  erection  of  a State  Capitol ; — approved  Jan- 
uary 3rd,  1827.  Acts  of  Ala.,  1825  to  1829,  p.  3. 

AN  ACT  incorporating  the  town  of  Tuscaloosa  and  to  repeal  an  act  in- 
corporating said  town,  passed  the  thirteenth  December,  eighteen  hun- 
dred and  nineteen  ; — approved  January  12th,  1828.  Acts  of  Ala.,  1825 
to  1829,  p.  133. 


TITLE  OF  ACTS. 


35 


AN  ACT  to  amend  an  act  entitled  “An  act  to  incorporate  the  town  of 
Tuscaloosa,  etc. approved  January  12th,  1828; — approved  January 
29th,  1829.  Acts  of  Ala.,  1825  to  1829,  p.  42. 

AN  ACT  investing  the  Mayor  and  Aldermen  of  the  town  of  Tuscaloosa, 
with  the  power  of  opening  roads  within  the  corporate  limits  of  said 
town  ; — approved  January  29th,  1829.  Acts  of  Ala.,  1825  to  1829,  p.  40. 

AN  ACT  to  incorporate  the  city  of  Tuscaloosa ; — approved  January  9th, 
1836.  Acts  of  Ala.,  1834-5-6-7,  p.  88. 

AN  ACT  to  amend  the  Charter  of  the  Town  of  Tuscaloosa  ; — approved 
February  5th,  1840.  Acts  of  Ala.,  1839-40,  p.  33. 

AN  ACT  for  the  relief  of  Justices  of  the  Peace  in  the  city  of  Tuscaloosa, 
and  for  other  purposes; — approved  January  17th,  1844.  Acts  of  Ala., 
1843-44,  p.  120. 

AN  ACT  to  confer  certain  powers  on  the  Mayor  of  the  city  of  Tuscaloosa  ; 
— approved  February  14th,  1843.  Acts  of  Ala.,  1842-43,  p.  83. 

AN  ACT  to  amend  the  Charter  of  the  City  of  Tuscaloosa ; — approved 
February  8th,  1843.  Acts  of  Ala.,  1842-43,  p.  119. 

AN  ACT  to  authorize  Justices  of  the  Peace  in  the  City  of  Tuskaloosa  to 
hold  their  monthly  courts  at  their  respective  offices  separately  ; — ap- 
proved February  4th,  1850.  Acts  of  Ala.,  1849-50,  p.  411. 

AN  ACT  to  anthorize  the  Mayor  and  Aldermen  of  the  City  of  Tuscaloo- 
sa to  borrow  money  ; — approved  December  4th,  1551.  Acts  of  Ala., 
1551-2,  p.  319. 

AN  ACT  to  amend  the  Charter  of  the  City  of  Tuscaloosa ; — approved 
January  19th,  1854.  Acts  Ala.,  1853-54,  p.  399. 

AN  ACT  to  authorize  the  City  of  Tuscaloosa  to  subscribe  to  the  capital 
stock  of  the  North-East  and  South-West  Alabama  Railroad  Com- 
pany ; — approved  February  10th,  i860.  Acts  of  Ala.,  1859-60,  p.  284. 

AN  ACT  to  make  valid  in  law  certain  proceedings  by  the  qualified  voters 
of  the  city  of  Tuskaloosa  therein  named  ; — approved  February  10th, 
1860.  Acts  of  Ala.,  1859-60,  p.  587. 

AN  ACT  to  make  valid  in  law  certain  proceedings  by  the  qualified  voters 
of  the  City  of  Tuscaloosa  therein  named  ; — approved  February  22nd, 
1860.  Acts  of  Ala.,  1859-60,  p.  588. 

AN  ACT  to  make  Tuskaloosa  and  La  Grange,  of  its  vicinity,  a military 
rendezvous,  for  certain  purposes; — approved  December  3rd, 1861.  Acts 
of  Ala.,  1861,  p.  185. 


TITLE  OF  ACT'S. 


36 


AN  ACT  to  amend  and  explain  an  Act  making  Tuskaloosa  and  La  Grange, 
or  its  vicinity,  a military  rendezvous,  for  certain  purposes  ; — approved 
December  9th,  1861.  Acts  of  Ala.,  1861,  p.  187. 

AN  ACT  to  incorporate  the  City  of  Tuskaloosa; — approved  March  12th, 
1873.  Acts  of  Ala.,  1872-73,  p.  377. 

AN  ACT  to  amend  an  Act  entitled  “An  Act  to  incorporate  the  City  of 
Tuscaloosa;” — approved  March  12th,  1873; — approved  December  5th, 
1874  Acts  of  Ala.,  1874-75,  p.  433. 

AN  ACT  to  authorize  the  Mayor  and  Aldermen  of  the  City  of  Tuscaloosa 
to  issue  bonds  of  said  City  in ‘compromise  of  a certain  chancery  suit, 
to  which  said  city  is  a party,  in  the  Chancery  Court  for  the  Sixth  Dis- 
trict of  the  Western  Chancery  Division  of  Alabama; — approved  Feb- 
ruary 10th,  1875.  Acts  of  Ala.,  1874-75,  p.  554. 

AN  ACT  to  amend  the  act  “To  incorporate  the  City  of  Tuscaloosa,”  by 
the  addition  of  sections  in  reference  to  slaughter-houses  ; — approved 
March  1st,  1876.  Acts  of  Ala.,  1875-76,  p.  312. 

AN  ACT  to  authorize  the  Mayor  and  Aldermen  of  the  City  of  Tuskaloosa, 
Alabama,  to  license  auctioneers; — approved  December  6th,  1880.  Acts 
of  Ala.,  1880-81,  p.323. 

AN  ACT  to  amend  section  four  of  an  act  “To  incorporate  the  city  of 
Tuscaloosa ;” — approved  March  12th,  1873  ; — approved  November  28th, 
1882,  Acts  of  Ala.,  1882-83,  p.  202. 

AN  ACT  to  amend  section  79  of  an  act  entitled  “An  act  to  incorporate 
the  city  of  Tuscaloosa,”  approved  March  12th,  1873; — approved  Feb- 
ruary 23rd,  1883.  Acts  of  Ala.,  1882-83,  p.  554. 

AN  ACT  to  amend  an  act  to  incorporate  the  city  of  Tuscaloosa,  approved 
March  12th,  1873; — approved  February  7th,  1885.  Acts  of  Ala.,  1884- 
85,  p.  322. 

AN  ACT  to  constitute  the  city  of  Tuscaloosa  a separate  school  district, 
and  to  provide  for  the  management  of  the  public  schools  in  said  school 
district; — approved  February  17th,  1885.  Acts  of  Ala.,  1884-85,  p.  718 


ORDINANCES  CONCERNING  THE  CITY  OF  TUSCALOOSA.  37 


ORDINANCES  CONCERNING  THE  CITY  OF 
TUSCALOOSA. 


Ordinance  relating  to  improvement  Bonds. 

Section  I.  Be  it  ordained  by  the  Board  of  Mayor  and  Aldermen  of  the  City 
of  Tuscaloosa,  That  the  bonds  of  the  City  of  Tuscaloosa  be  issued  for  the 
sum  of  six  thousand  dollars  ; said  bonds  to  be  for  the  sum  of  one  hundred 
dollars  each,  payable  twenty  years  after  date,  with  the  privilege  of  pay- 
ing the  same  at  any  time  after  five  years,  at  the  option  of  the  City ; and 
upon  notice  given  that  the  City  is  ready  to  pay  any  bond  or  bonds  desig- 
nating the  same,  the  interest  thereon  shall  cease. 

Sec.  II.  Be  it  further  ordained , That  said  bonds  shall  be  issued  under 
the  provisions  of  section  79  of  the  Charter  of  said  City,  as  amended  by 
act  of  the  General  Assembly  of  Alabama,  approved  February  23rd,  1883, 
for  the  purpose  of  repairing  and  preventing  the  further  encroachment  of 
the  gullies  and  water-drains  of  said  City  upon  the  streets  and  real  prop- 
erty of  the  inhabitants  of  said  City,  and  for  grading  and  repairing  and 
opening  the  streets  and  public  parks  of  said  City,  and  to  preserve  the 
property  of  the  City  and  of  the  inhabitants  thereof. 

Sec.  III.  Be  it  further  ordained,  That  said  bonds  shall  be  numbered 
from  one  to  sixty  inclusive,  and  may  be  called  in  as  provided  in  section 
I.  designating  the  bond  by  its  number.  That  the  rate  of  interest  of  said 
bonds  shdll  be  six  per  centum,  and  that  said  bonds  shall  have  coupons 
attached  for  said  interest  signed  and  numbered  by  the  City  Secretary, 
who  shall  keep  a correct  account  of  all  bonds  issued  and  disposed  of  un- 
der this  act;  said  coupons  shall  be  paid  to  bearer  annually,  at  the  City 
Treasury,  and  be  receivable  for  the  City  taxes  from  the  holder  or  any 
transferee. 

Sec.  IV.  Be  it  further  ordained,  That  said  bonds  shall  be  signed  by 
the  Mayor  and  countersigned  by  the  Secretary  of  said  City,  and  have  the 
City  and  County  seal  attached  to  each,  and  be  exempt  from  State, Coun- 
ty, and  City  taxes,  for  the  period  of  tw'elve  months  after  they  mature  or 
fall  due,  but  no  longer. 

Sec.  V.  Be  it  further  ordained,  That  said  bonds  after  being  duly  signed 
and  sealed,  be  delivered  to  the  Treasurer  of  the  City  of  Tuscaloosa,  who 
shall  sell  the  same  in  such  sums  as  he  may  be  authorized  and  directed 
by  the  Mayor  of  the  City,  and  place  the  proceeds  to  the  credit  of  the  City 
of  Tuscaloosa. 

Adopted  July  4th,  1883. 


38  ORDINANCES  CONCERNING  THE  CITY  OF  TUSCALOOSA. 


Be  it  ordained  by  the  B oard  of  Mayor  and  Aldermen  of  the  City  of  Tusca- 
loosa, That  section  five  ,5)  of  an  ordinance  relating  to  the  issuance  of 
certain  bonds,  of  said  City,  adopted  July  4th,  1883,  be  amended  to  read 
as  follows : — 

Sec.  V.  Be  it  further  ordained , That  said  bonds  after  being  duly  sign- 
ed and  sealed,  be  delivered  to  the  Mayor  or  Treasurer  of  said  City  of 
Tuscaloosa,  and  either  of  them  may  sell  the  same  in  such  sums  as  may 
be  authorized  by  the  Mayor  of  the  City,  and  place  the  proceeds  to  the 
credit  of  the  City  of  Tuscaloosa,  with  the  Treasurer  thereof. 

Adopted  September  7th,  4883. 


Resolution  in  regard  to  City  Bonds  adopted  July  11th,  1884. 

Whereas  on  the  4tli  day  of  July,  1883,  the  Board  of  Mayor  and  Aider- 
men  of  the  City  of  Tuscaloosa  did,  by  unanimous  consent  pass  an  ordi- 
nance providing  for  the  issuance  of  sixty  bonds,  numbered  from  one  to 
sixty  inclusive,  bearing  six  per  cent,  interest,  and  payable  twenty  years 
from  the  date  of  issuance,  with  the  option  of  paying  the  said  bonds  off, 
after  five  years  from  their  date ; and  whereas  a part  of  said  bonds  were 
issued;  and  whereas  fifteen  of  said  bonds,  numbered  from  one  to  fifteen 
inclusive  were  sold ; and  whereas,  it  is  found  impossible  to  sell  any 
more  of  said  bonds  bearing  six  per  cent,  interest, — Therefore, 

Sec.  I.  Be  it  ordained  by  the  board  of  Mayor  and  Aldermen  of  the  City  of 
Tuscaloosa , That  the  said  fifteen  bonds,  already  issued  and  sold,  and  num- 
bered from  one  to  fifteen  inclusive,  bear  interest  at  the  rate  of  eight  per 
centum  per  annum,  and  that  said  Board  of  Mayor  and  Aldermen  shall 
pay  said  rate  of  interest  on  said  bonds,  and  that  the  Mayor  be  authoriz- 
ed and  instructed  to  pi  int  on  the  back  of  said  bonds,  the  following,  in 
red  ink,  to- wit : — 

In  'pursuance  of  an  ordinance  of  the  Board  of  Mayor  and  Aldermen  of  the 
City  of  Tuscaloosa , adopted  on  the  11th  day  of  July , A . D.  1884,  said  Mayor 
and  Aldermen  agree  to  pay  eight  per  centum  interest  on  the  within  bond , and 
each  coupon  attached  to  said  bond  shall  be  good  for  eight  dollars  instead  of  six 
dollars , as  stated  in  said  coupon , and  the  Mayor  shall  date  and  sign,  and 
the  Secretary  shall  countersign  each  of  said  endorsements,  and  the  same 
shall  be  binding  on  said  mayor  and  aldermen. 

Sec.  If.  Be  it  further  ordained,  That  all  of  the  bonds  provided  for  in 
said  ordinance  of  July  4th,  1883,  which  have  been  printed  and  signed  but 
not  sold,  shall  be  destroyed  by  the  Mayor  and  Secretary  of  the  Board  ; 
and  the  mayor  shall  have  forty-five  new  bonds  prepared  for  the  sum  of 
one  hundred  dollars  each,  payable  twenty  years  from  August  1st,  A.  D. 


ORDINANCES  CONCERNING  THE  CITY  OF  TUSCALOOSA.  39 


1884,  with  the  privilege  of  paying  the  same  at  any  time  after  five  years 
from  August  1st,  1884,  at  the  option  of  the  city;  and  upon  notice  being 
given  that  the  city  is  ready  to  pay  said  bonds  or  any  part  of  them,  the 
interest  on  the  same  shall  cease. 

Sec.  III.  Be  it  further  ordained,  That  said  bonds  shall  be  numbered 
from  sixteen  to  sixty  both  inclusive,  and  shall  bear  interest  at  the  rate 
of  eight  per  cent.,  and  shall  have  coupons  attached  for  the  interest  pay- 
able annually  at  the  City  Treasury. 

Sec.  IV.  Be  it  further  ordained , Said  bonds  shall  be  issued  under  the 
authority  and  for  the  purposes  mentioned  and  set  forth  in  section  II.  of 
the  said  ordinance  of  July  4th,  1883. 

Sec.  V.  Be  it  further  ordained,  Said  bonds  shall  be  signed  by  the  May- 
or and  countersigned  by  the  Secretary  of  the  said  city,  and  shall  have  the 
city  and  county  seal  attached  to  each  one  of  them.  They  shall,  when 
thus  executed,  be  delivered  to  the  City  Treasurer,  who  shall  dispose  of 
the  same  as  he  shall  be  directed  by  the  Mayor. 

Sec.  VI.  Be  it  further  ordained.  The  Secretary  shall  keep  a correct  re- 
cord of  all  the  sold  bonds  so  issued  and  disposed  of  under  this  ordinance 
and  to  whom  sold. 

Adopted 


Bonds. 

Sec.  I.  B>e  it  ordained  by  the  Mayor  and,  A Idermen  of  the  City  of  Tuscaloosa , 

That  bond*  of  the  city  of  Tuscaloosa  be  issued  for  the  sum  of  four  thous- 
and dollars  ; said  bonds  to  be  for  the  sum  of  one  hundred  dollars  each, 
payable  as  follows,  to-wit : — one  thousand  dollars  of  these  bonds  shall  be 
payable  on  the  1st  day  of  September,  1886;  one  thousand  dollars  on  the 
1st  day  of  September,  1887 ; one  thousand  dollars  on  the  1st  day  of  Sep- 
tember, 1888; — and  one  thousand  dollars  on  the  1st  day  of  September, 
1889. 

Sec.  IT.  Be  it  further  ordained , That  said  bonds  shall  be  issued  under 
the  laws  of  the  State  of  Alabama,  and  of  the  city  of  Tuscaloosa,  particu- 
larly under  the  provisions  of  section  79,  of  the  charter  of  said  city,  as 
amended  by  the  act  of  the  General  Assembly  of  the  State  of  Alabama, 
approved  February  23rd,  1883,  for  the  purpose  of  repairing  and  prevent- 
ing the  further  encroachments  of  the  gullies  and  water-drains  of  said  city, 
upon  the  streets  and  real  property  of  the  inhabitants  of  said  city,  and  for 
grading  and  repairing,  and  opening  the  streets  and  public  parks  of  said 
city  and  of  the  inhabitants  theroof. 


40  ORDINANCES  CONCERNING  THE  CITY  OF  TUSCALOOSA. 


Sec.  III.  Be  it  further  ordained,  That  said  bonds  shall  be  numbered 
from  sixty-one  to  one  hundred  both  inclusive ; that  the  rate  of  interest 
of  said  bonds  shall  be  eight  per  cent  per  annum  ; said  interest  paid  semi- 
annually on  to-vvit : — the  first  day  of  March,  and  the  first  day  of  Sep- 
tember of  each  year,  and  said  bonds  shall  have  coupons  attached  for  said 
interest,  signed  and  numbered  by  the  city  Secretary,  who  shall  keep  a 
correct  account  of  all  bonds  issued  and  disposed  of  under  this  act.  Said 
coupons  shall  be  paid  to  bearer  semi-annually  at  the  city  Treasury,  and 
be  receivable  for  city  taxes  from  any  holder  thereof. 

Sec.  IV.  Be  it  further  ordained , That  said  bonds  shall  be  signed  by  the 
Mayor  and  countersigned  b)r  the  Secretary  of  said  city,  and  have  the  city 
and  county  seal  attached  to  each,  and  be  exempt  from  State,  county, and 
city  taxes. 

Sec.  V.  Be  it  further  ordained , That  said  bonds,  after  being  duly  signed 
and  sealed,  be  delivered  to  the  Treasurer  of  the  city  of  Tuscaloosa,  who 
shall  sell  the  same  in  such  sums  as  he  may  be  authorized  and  directed  b<y 
the  Mayor  of  the  city,  and  place  the  proceeds  to  the  credit  of  the  city  of 
Tuscaloosa. 

Adopted  August  10th,  1885. 


Ordinance  in  regard  to  the  Street  Eailway  of  the  City  of  Tuscaloosa. 

Be  it  enacted  l>y  the  Board  of  Mayor  and  Aldermen  of  the  City  of  Tuscaloosa — 

Sec.  1.  That  the  City  of  Tuscaloosa  hereby  grants  to  Geo.  A.  Searcy, 
Barton  F.  Dickson,  and  Poellnitz  Johnston  and  to  their  successors,  the 
right  of  way  over  Market  Street,  and  over  that  portion  of  Broad  Street, 
between  Madison  and  Market  Streets,  within  the  City  of  Tuscaloosa,  for 
the  purpose  of  building  a Street  Railway  thereon,  to  be  run  by  horse 
power,  under  the  following  restrictions. 

Sec.  2.  The  said  railway  is  to  be  so  constructed  that  the  lines  of  the 
shade  trees  now’ on  said  streets  shall  not  be  used,  and  the  shade  trees 
not  injured,  and  the  track  of  said  railway  shall  not  be  laid  within  ten  feet 
of  either  line  of  said  shade  trees. 

Sec.  8.  The  present  grade  of  the  said  streets  is  to  be  maintained  and 
is  not  to  be  changed  without  special  permission  from  the  Board,  and  if 
the  City  should  at  any  time  change  the  grade  of  said  streets — the  road 
bed  of  said  railway  shall  be  changed  to  conform  thereto. 

Sec.  4.  Should  any  culvert  or  ditch  be  necessary  to  drain  water  from 
either  side  of  said  streets, it  is  to  be  properly  constructed  by  the  paid  rail- 
way. 


ORDINANCES  CONCERNING  THE  CITY  OF  TUSCALOOSA . 41 


Sec.  5.  The  road  bed  of  said  railway  is  to  be  well  ballasted,  its  entire 
length,  so  that  standing  water  shall  not  remain  thereon,  and  at  the 
several  street  crossings — so  that  persons  and  vehicles  may  cross  without 
injury  or  inconvenience. 

Sec.  6.  The  said  railway  is  to  be  commenced  by  January  1st,  1883, 
and  is  to  be  completed  from  the  South  Margin  Street  up  Market  Street 
to  its  intersection  with  Broad  Street  and  from  Market  Street  to  Madison 
Street, — by  January  1st,  1884,  or  this  ordinance  shall  lapse  and  be  void 
and  of  no  effect. 

, Sec.  7.  The  said  city  of  Tuscaloosa  hereby  exempts  the  said  railway 
from  taxation  for  the  term  of  ten  years. 

Sec.  8.  The  Mayor  and  Aldermen  of  said  city  reserve  the  right  to 
regulate  this  grant  in  such  a way,  as  whilst  it  will  not  injure  the  com- 
pany in  its  business  or  privileges,  shall  protect  the  city  and  its  streets 
from  inconvenience  and  damage. 

Adopted  April  5th,  1885. 


Ordinance  amending  the  ordinance  in  regard  to  the  Street  Railway  of 
the  City  of  Tuscaloosa. 

Be  it  enacted  by  the  Board  of  Mayor  and  Aldermen  of  the  City  of  Tuscaloosa — 
Sec.  1.  That  section  1 of  said  ordinance  be  so  amended  as  to  read  as 
follows: — That  the  City  of  Tuscaloosa  hereby  grants  to  G.  A.  Searcy, 
Barton  F. Dixon,  and  Poellnitz  Johnston,  and  to  their  successors  in  office, 
the  right  of  way  over  Market  Street  and  over  Broad  Street  within  the 
City  of  Tuscaloosa  for  the  purpose  of  building  a street  railway  thereon, 
to  be  run  by  horse  power  with  the  following  restrictions. 

Adopted  June  7th,  1882. 


Oath  of  office  prescribed  by  article  XV.  of  the  Constitution  of  the  State 
of  Alabama,  and  enforced  on  Mayors  and  Aldermen  of  all  cities, 
by  Act  of  March  4th,  1876. 

I, , solemnly  swear  (or  affirm)  that  I wrill  support  the  Con- 

stitution of  the  United  States,  and  the  Constitution  of  the  State  of  Ala- 
bama, so  long  as  I continue  a citizen  thereof;  and  that  I will  faithfully 
and  honestly  discharge  the  duties  of  the  office,  upon  which  1 am  about 
to  enter,  to  the  best  of  my  ability ; So  help  me  God. 


42  ORDINANCES  CONCERNING  THE  CITY  OF  TUSCALOOSA. 


Articles  of  the  State  Constitution,  in  relation  to  the  powers  and  duties 
of  Municipal  Governments. 

Art.  IV.  Sec.  55. — The  General  Assembly  shall  have  no  power  to  au- 
thorize any  county,  city,  and  town,  or  other  sub-division  of  this  State, to 
lend  its  credit,  or  to  grant  public  money,  or  thing  of  value,  in  aid  of,  or 
to,  any  individual  association,  or  corporation  whatsoever,  or  to  become  a 
stockholder  in  any  such  corporation,  association,  or  company,  by  issuing 
bonds  or  otherwise. 

Art.  VIII.  Sec.  1. — Qualification  of  Voters. — * * * First,  He  shall 
have  resided  in  the  State  at  least  one  year  immediately  preceding  the 
election  at  which  he  offers  to  vote.  Second,  He  shall  have  resided  in 
the  county  for  three  months,  in  the  precinct  or  ward  for  thirty  days  im- 
mediately preceding  the  election  at  which  he  offers  to  vote ; Provided, 
That  the  General  Assembly  may  prescribe  a longer  or  shorter  residence 
in  any  county,  or  in  any  ward  in  any  incorporated  city  or  town  having 
a population  of  more  than  five  thousand  inhabitants,  but  in  no  case  to 
exceed  three  months. 

Sec.  2.  All  elections  by  the  people  shall  be  by  ballot,  and  all  elections 
by  persons  in  a representative  capacity,  shall  be  viva  voce. 

Art.  XI.  Sec.  7. — No  city  or  other  municipal  corporation,  other  than 
provided  for  in  this  Article,  shall  levy,  or  collect,  a larger  rate  of  taxa- 
tion in  any  one  year  on  the  property  thereof,  than  one-half  of  one  per 
cent  of  the  value  of  such  property,  as  assessed  for  State  taxation  during 
the  preceding  year ; Provided , That  for  the  payment  of  debts  existing  at 
the  time  of  the  ratification  of  this  Constitution,  and  the  interest  thei eon, 
an  additional  rate  of  one  per  cent,  may  be  collected,  to  be  applied  ex- 
clusively to  such  indebtedness. 


An  Act  to  amend  Section  286  of  the  Code  pf  Afabama. 

Sec.  1 . Be  it  evaded  by  the  General  Assembly  6f  A labama,  That  Section 
286  of  the  Code  of  Alabama,  be  amended  so  as  to  read  as  follows ; 
viz: — §286  (264) — Manner  of  counting  out  votes: — In  counting  out,  the  re- 
turning officer,  or  one  of  the  inspectors,  must  take  the  ballots  one  by  one, 
from  the  box  in  which  they  have  been  deposited,  at  the  same  time  read- 
ing aloud  the  names  of  the  persons  written  or  printed  thereon,  and  the 
office  for  which  such  persons  are  voted  for ; they  must  separately  keep  a 
calculation  of  the  number  of  votes  each  person  receives,  and  for  what  he 
receives  them  ; and  if  two  or  more  ballots  are  found  rolled  up  or  folded 
together,  so  as  to  induce  the  belief  that,  the  same  was  done  with  a fraud- 


ORDINANCES  CONCERNING  THE  CITY  OF  TUSCAEOOSA.  43 


ulent  intent,  they  must  be  rejected,  or  if  any  ballot  contains  the  names 
of  more  than  the  voter  had  a right  to  vote  for,  the  first  of  such  names  on 
such  ticket,  to  the  number  of  persons  the  voter  was  entitled  to  vote  for, 
only,  must  be  counted. 

Approved  February  18th,  1879. 


An  Act  to  amend  Section  1776  of  the  Code,  in  relation  to  qualifications 
of  Officers  of  Incorporated  Towns. 

Sec.  1.  B<?  it  enacted  by  the  General  Assembly  of  Alabama,  That  Section 

1776,  of  the  Code, be  amended  so  as  to  read  as  follows: — § 1776  (1469.) 
Who  eligible  to  office — No  person  can  hold  the  office  of  Intendant,  in  such 
corporation,  who  has  not  resided  therein  one  year  next  preceding  the 
election  ; and  no  person  can  hold  the  office  of  Councilman  who  has  not  re- 
sided therein  six  months  next  preceding  such  election. 

Approved  January  26th,  1879. 


An  act  to  amend  an  act  to  amend  section  274  of  the  Code. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  Alabama,  That  sec- 
tion one  of  an  .act,  to  amend  section  274  of  the  Code  of  Alabama, approved 
Februaty  12,  1879,  be,  and  the  same  is,  hereby  amended  ao  as  to  read  as 
follows : 

Sec.  274.  The  ballot  must  be  a plain  piece  of  white  paper,  without 
any  figures,  marks,  rulings,  characters  or  embellishments  thereon,  not 
less  than  two  and  one-half  inches,  nor  more  than  three  inches  in  width, 
and  not  less  than  five  nor  more  than  ten  inches  in  length,  on  which  must 
be  written  or  printed,  or  partly  written  and  partly  printed,  only  the 
names  of  the  persons  lor  whom  the  elector  intends  to  vote,  and  must 
designate  the  officer  for  which  each  person  so  named  is  intended  by  him 
to  be  chosen  ; and  any  ballot  otherwise  than  described  is  illegal  and  must 
be  rejected  ; Provided,  That  no  ballot  shall  be  rejected  as  illegal  by  reason 
of  the  abbreviation  of  the  names  of  the  persons  voted  for,  nor  by  the  use 
of  numerals  as  abbreviations,  nor  by  reasons  of  the  erasure  of  one  or 
more  names,  and  the  insertion  of  other  names,  if  what  is  meant  by  the 
ballot  appear  from  itsface,  nor  shall  any  ballot  be  rejected  as  illegal  by 
reason  of  its  non-conformity  to  the  prescribed  dimensions,  if  it  reason- 
ably appear  that  the  elector  had  no  intent  to  violate  the  statute. 

Approved  March  1 , 1881. 


44 


MAYORS  OF  THE  CITY  OF  TUSCALOOSA. 


MAYORS  OF  TUSCALOOSA. 


1828  — WM.  R.  BOLLING. 

—DR.  JOHN  OWEN. 

1837  — WM.  R.  SMITH. 

—ROBERT  S.  INGE. 

104:2  — D.  HENRY  ROBINSON. 

1844-48.— ROBERT  BLAIR. 

1849  — JAMES. L.  CHILDRESS. 

1850-54.— JOSEPH  C.  GUILD. 

1855-  DAVID  WOODRUFF. 

,1856-58. — L.  S.  SKINNER. 

1859-61.— ROBERT  BLAIR. 

180:2  — R.  LACY.  > 

1863  —JESSE  E.  ADAMS. 

1864-65.— OBE  1)1  AH  BERRY. 

1866  —JOSEPH  C.  GUILD. 

1867  — S.  B.  SMITH. 

1867  JOHN  S.  GARVIN. 

1868  — JOSIAH  J.  PEGUES. 

1869-71.— T.  F.  SAMUEL.  J 

1.97:2  ROBERT  BLAIR. 

1873  — OBEDIAH  BERRY. 

1874-76.— JOHN  J.  HARRIS. 

1877-78.— OBEDIAH  BERRY. 

1879-86.— WILLIAM  C.  J EMI  SON. 

(Note. — The  City  of  Tuscaloosa  was  incorporated  December  13th,  1819,  and 
we  have  not  at  hand  any  accurate  data  concerning  the  various  Mayors  of  the 
City  prior  to  the  above.  We  would  be  obliged  for  any  information  on  this  sub- 
ject, which  will  be  carefully  preserved,  in  order  that  future  compilers  of  the 
laws  of  the  city  may  extend  the  list. — Wood  & Wood,  City  Attorneys.)  ' 


ORDINANCES  CONCERNING  THE  CITY  OF  TUSCALOOSA.  45 

An  ordinance  to  provide  for  the  adoption,  printing,  and  distribution 
of  the  Code  of  the  City  of  Tuscaloosa,  and  for  the  continuance 
or  repeal  of  certain  matters  concerning 
the  Code  of  1879. 

Section  1.  Be  it  ordained  by  the  Mayor  and  Aldermen  of  the  City  of  Tusca- 
loosa, That  the  Code  of  Laws  and  Ordinances  of  the  City  of  Tuscaloosa, 
known  as  the  Code  of  1885,  revised  and  prepared  by  the  City  Attorneys, 
Messrs.  Wood  & Wood,  pursuant  to  an  ordinance  heretofore  adopted,  be 
and  the  same  is  hereby  received  and  adopted,  and  shall  govern  all  per- 
sons within  the  limits  of  the  City,  whether  resident  or  transient. 

Sec.  2.  Be  it  further  ordained,  That  part  of  said  Code,  denominated  as 
the  Civil  Code,  shall  go  into  effect,  and  be  of  full  force,  on  and  after  the 
first  Monday  of  December,  1885. 

Sec.  3*.  Be  it  further  ordained , That  part  of  said  Code,  denominated  as 
the  Penal  Code,  shall  go  into  effect  and  be  of  full  force,  on  and  after  the 
third  Monday  of  December,  1885. 

Sec.  4.  Be  it  further  ordained,  That  the  Mayor,  Hon.  William  C.  Jemi- 
son,  Aldermen  Bernhard  Friedman  and  Warfield  C.  Richardson,  and  the 
City  Attorneys,  be  empowered  and  requested  to  make  all  contracts  nec- 
essary to  have  said  Code  printed,  bound,  if  necessary,  and  distributed  ; 
and  as  soon  as  they  shall  receive  said  Code  from  the  hands  of  the  printer 
they  shall  deliver  one  to  each  alderman,  and  one  to  each  officer  of  the 
City,  who  shall  return  the  same  to  the  City  Secretary  when  their  terms 
of  office  expire. 

Sec.  5.  Be  it  further  ordained,  That  the  balance  of  said  copies  may  be 
sold  by  the  Mayor  at  such  prices  as  may  be  fixed  by  the  Mayor  and 
Aldermen. 

Sec.  6.  Be  it  further  ordained,  That  the  said  City  Attorneys  sball  su- 
perintend and  direct  the  preparation  of  said  Code  for  the  press ; shall 
incorporate  therein  the  Charter  of  the  City,  and  such  special  acts  of  the 
Legislature,  and  other  matter,  as  they  shall  deem  important  to  incorpor- 
ate therein,  and  shall  make  and  append  thereto  a full  and  complete 
index. 


Continuance  and  repeal  of  laws  and  ordinances. 

Sec.  7.  All  laws  and  ordinances  of  the  city  of  a privrte  nature,  operat- 
ing on  paiticular  persons;  all  laws  and  ordinances  for  the  appropriation 
of  money,  and  all  laws  and  ordinances  which  amount  to  or  were  and  are 


46  ORDINANCES  CONCERNING  THE  CITY  OF  TUSCAEOOSA. 

intended  to  operate  as  a contract  or  agreement  with  any  other  person, 
are  hereby  continued  in  full  force  and  operation  ; and  all  the  laws  and 
ordinances  designed  to  operate  upon  all  the  people  of  this  city,  not  em- 
braced in  this  code,  are  hereby  repealed;  Provided , That  no  action  or  pro- 
ceeding commenced  before  the  adoption  of  this  code  shall  be  affected  by 
its  provisions  ; and  provided  fv  rther , that  neither  this  code,  nor  any  pro- 
vision therein  contained,  has  nor  shall  have  the  effect  to  release  any  per- 
son from  any  penalty  or  forfeiture  which  has  accrued  previous  to  the 
adoption  of  this  code,  nor  to  release  any  person  from  any  trial  or  punish- 
ment for  any  crime,  misdemeanor,  or  offense  against  the  laws  or  ordin- 
ances of  this  city ; but  all  such  laws  and  ordinances  are  hereby  continued 
in  force  as  to  such  crimes,  misdemeanors,  offenses,  penalties,  and  for- 
feitures, in  the  same  manner  and  to  the  same  extent  as  if  this  code  con- 
tained no  repealing  clause. 

Adopted  November  4th,  1885. 


CIVIL  CODE. 


47 


PART  I. 


CIVIL  CODE. 


CONTENTS. 

Chapter. 

I.  Meaning  of  Words. 

II.  Division  of  City  into  Wards. 

III.  Elections. 

IV.  Contest  of  Elections. 

V.  The  Board. 

VI.  The  City  Officers  : their  powers  and  duties. 

VII.  The  Mayor  : his  powers  and  duties. 

VIII.  The  City  Secretary. 

IX.  The  Marshal  and  Policemen. 

X.  The  Tax  Assessor. 

XI.  The  Tax  Collector. 

XII.  The  City  Treasurer. 

XIII.  The  City  Engineer. 

XIV.  The  City  Sexton  and  Cemeteries. 

XV.  The  City  Attorney. 

XVI.  Taxation  and  Licenses. 

XVII.  Quarantine  and  sanitary  ordinance. 

XVIII.  The  City  Schools. 

XIX.  The  Streets  and  sidewalks 

XX.  The  City  Market  and  Scales. 

XXI.  The  Powder  Magazine. 

XXII.  The  Fire  Department. 

XXIII.  Salaries  and  Fees  of  Officers. 

XXIV.  Motions  and  Summary  judgments  and  other  Summary  Proceed- 
ings against  Officers. 


48 


CIVIL  CODE. 


CHAPTER  I. 

MEANING  OF  WORDS. 


Sec.  i.  Meaning  of  words. — The  following  words  used  in 
this  code  shall  have  the  following  meaning  attached  to  each  one: — 

1.  Time. — Words  used  in  the  past  or  present  tense  include 
the  future  as  well  as  the  past  and  present. 

2.  Computation  of  time. — The  time  in  which  an  act  is  to 
be  done  must  be  computed  by  excluding  the  first  and  including 
the  last  day;  and  if  the  last  day  be  Sunday,  that  shall  be  ex- 
cluded. 

3 . Gender. — Words  used  in  the  masculine  gender  include 
the  feminine  and  neuter. 

4.  Number. — Words  used  in  the  singular  include  the  pural, 
and  the  plural  includes  the. singular  number. 

5-  Person . — The  word  “person”  includes  a corporation, firm, 
or  partnership,  as  wTell  as  a natural  person. 

6.  Writing. — The  word  “writing,”  or  “written,”  includes 

printing  on  paper. 

7-  Signature  or  subscription  includes  mark  when  the  per- 
son cannot  write. 

8.  Property . — The  word  “property”  includes  real  and  per- 
sonal property. 

9-  Real  property  includes  lands,  tenements,  and  heredita- 
ments. 

10.  Personal  Property  includes  every  species  of  property, 
except  real  property  as  above  defined. 

11.  Year  and  month . — The  word  “year”  means  a calendar 
year;  and  the  word  “month”  means  a calendar  month. 

12.  Bond • — When  a bond  is  required,  an  undertaking  in 
writing  is  sufficient. 

13.  The  Board • — The  words  “the  board”  mean  the  mayor 
and  aldermen  when  assembled  in  session  for  the  transaction  of 
business. 


CIVIT.  CODE. 


49 


14.  The  City . — The  words  ‘“the  city”  means  the  body  cor- 

porate, in  the  county  of  Tuscaloosa,  and  State  of  Alabama, creat- 
ed by  the  Act  of  the  General  Assembly  of  Alabama,  approved 
the  day  of  , 18  , and  the  several  amendments 

and  supplements  thereto,  under  the  style  of  c‘The  Mayor  and 
Aldermen  of  the  City  of  Tuscaloosa.” 

15.  The  Corporation. — The  words  “the  corporation”  mean 
the  city  as  above  defined. 

16.  The  Mayor. — The  words  “the  mayor”  include  and  ap- 
ply to  aldermen  acting  as  mayor. 

17.  Money. — The  word  “money”  includes  gold  and  silver 
and  other  coin,  bank  notes  or  bills,  and  any  other  note  or  bill  in- 
tended to  be  circulated  as  money;  also,  the  certificates  of  indebt- 
edness issued  by  the  State  of  Alabama. 

18.  Credit. — The  word  “credit’’  includes  every  debt,  claim, 
or  demand  for  money,  labor,  merchandise,  or  property,  or  oth- 
er thing  of  value,  whether  secured  by  deed  of  trust,  mortgage, 
conditional  sale,  bond,  note,  or  account. 


CHAPTER  II. 

DIVISION  OF  CITY  INTO  WARDS. 

Sec.  2.  City  divided  into  six  wards. — The  City  of  Tus- 
caloosa shall  be  divided  into  six  wards,  as  follows: — The  first 
ward  shall  embrace  all  that  part  of  the  corporate  limits  that  lies 
between  the  eastern  limit  and  Adams  Street;  the  second  ward 
shall  embrace  all  that  part  of  the  corporate  limits  that  lies  be- 
tween Adams  and  Madison  Streets;  the  third  ward  shall  em- 
brace all  that  portion  of  the  corporate  limits  that  lies  between 
Madison  and  Monroe  Streets;  the  fourth  ward  shall  embrace 
all  that  portion  of  the  corporate  limits  that  lies  between  Monroe 
and  Market  Streets;  the  fifth  ward  shall  embrace  all  that  por- 
tion of  the  corporate  limits  that  lies  between  Market  and  Wash- 
ington Streets;  the  sixth  ward  shall  embrace  all  that  portion  of 
the  corporate  limits  that  lies  between  Washington  Street  and 
the  wTestern  limit. 


50 


CIVIL  CODE. 


CHAPTER  III. 

ELECTIONS. 

Section. 

3.  Elections,  where  held. 

4.  Qualifications  of  electors. 

5.  Who  may  be  Mayor,  Alderman,  or  Marshal. 

6.  How  office  of  mayor  or  alderman  vacated. 

7.  Election  to  fill  vacancy. 

8.  Qualified  electors  : how  many  votes  of. 

9.  City  Secretary  registers  elections. 

10.  Opening  and  closing  register,  and  registration. 

11.  Notice  of  registration  : book  and  oath. 

12.  Electors,  who  disqualified. 

13.  Duty  of  Secretary  to  furnish  lists. 

14.  Certificate  to  registration  lists. 

15.  Manner  of  elector  registering. 

16.  Judges  and  clerks  of  elections. 

17.  Time  of  holding  election. 

18.  Elections  advertised. 

19.  Duty  of  judges  and  clerks. 

20.  Challenging  elector. 

21 . Counting  and  certifying  votes. 

22.  Tie  votes. 

Sec.  3.  Elections — where  held. — All  elections  in  this  City, 
under  the  Charter  thereof,  shall  be  held  at  the  City  Hall,  unless 
otherwise  ordered  by  the  Board  of  Mayor  and  Aldermen. 

Sec.  4.  Qualification  of  Electors. — Any  male  citizen  of 
the  United  States,  who  is  qualified  bv  law  to  vote  at  elections 
held  in  and  for  the  State  of  Alabama,  and  who  shall  have  re- 
sided within  the  corporate  limits  of  this  City  bona  fide  for  six- 
ty days  prior  to  the  election  at  which  he  offers  to  vote,  or  who 
owns  in  his  own  right,  or  that  of  his  wife,  three  hundred  dollars 
worth  of  property,  located  within  said  City  limits,  upon  which 
he  pays  municipal  taxes,  and  who  shall  have  been  duly  register- 


CIVIL  CODE. 


51 


ed  at  least  three  days  prior  to  the  election  at  which  he  offers  to 
vote,  shall  be  deemed  a qualified  elector  of  said  City. 

Sec.  5.  Who  may  be  mayor , alderman  or  marshal. — Any 
elector  of  said  City,  who  is  twenty-one  years  of  age  and  who 
has  resided  in  said  city  one  year  or  upwards,  shall  be  eligible  to 
the  office  of  Mayor,  or  Alderman,  or  Marshal. 

Sec.  6.  How  office  of  mayor  or  alderman  vacated. — Should 
the  mayor  of  said  city  remove  therefrom,  or  be  absent  for  three 
months  at  any  one  time,  without  the  consent  of  the  Aldermen, 
his  office  shall  be  thereby  vacated,  and  should  any  alderman  re- 
move from  the  ward  in  which  he  was  residing  at  the  time  of  his 
election,  or  be  absent  therefrom  for  three  months  at  any  one 
time,  without  the  consent  of  the  Mayor  and  other  Aldermen, 
his  office  is  thereby  vacated. 

Sec.  7.  Election  to  Ml  vacancy. — Whenever  any  vacancy 
shall  occur  either  by  death,  resignation,  refusal  to  accept,  removal 
or  absence  as  aforesaid,  in  the  office  of  Mayor,  or  any  Aider- 
man,  it  shall  be  the  duty  of  the  remaining  members  forthwith  to 
advertise  and  cause  an  election  to  be  holden  within  ten  days 
after  such  advertisement,  to  fill  any  such  vacancy. 

Sec.  8.  Qualified  electors:  how  many  votes  of . — All  qual- 
ified electors  of  this  City  may  vote  for  one  person  or  candidate 
for  Alderman  in  each  and  every  ward,  and  also  for  Mayor  and 
any  other  elective  municipal  officers. 

Sec.  9.  City  Secretary  registers  electors. — The  City  Sec- 
retary shall  keep  a register,  in  which  all  persons,  legally  qualifi- 
ed to  vote  in  said  City,  shall  be  required  to  have  their  names 
registered  before  fhey  shall  be  allowed  to  vote  at  any  election, 
or  for  any  officer  of  said  City. 

Sec.  to.  Opening  and  closing  register , and  registra- 
tion.— The  City  Secretary  shall  keep  said  register  open  forty 
days  previous  to  any  election,  and  shall  close  it  three  days  be- 
fore the  polls  are  opened  for  such  election.  Upon  the  applica- 
tion of  any  person  entitled  to  vote  by  the  ordinances  of  this  City, 
and  giving  his  name,  age,  business  or  profession,  ward,  and 
time  of  residence  in  State,  City,  and  ward,  which  may  be  prov- 
en by  the  oath  of  the  applicant,  administered  by  the  person  reg- 


52 


CIVII.  CODE. 


istering,  the  registering  officer  shall  register  said  applicant,  if  a 
qualified  voter  of  this  City. 

Sec.  ii.  Notice  of  registration:  book  and  oath. — The 
City  Secretary  shall  give  reasonable  notice  before  each  election 
of  the  time  and  place  of  opening  and  closing  said  registration 
lists,  and  shall  provide  himself  with,  at  the  expense  of  the  City, 
a blank  book,  each  page  of  which  shall  contain  the  following 
heading,  which  oath  or  affirmance  shall  be  administered  by  him 
to  each  person  before  he  is  allowed  to  register. 

THE  STATE  OF  ALABAMA,  { 

County  and  Oityt  of  Tuscaloosa.  ) 

We,  the  undersigned  registered  electors,  each  for  himself,  do  solemnly 
swear  (or  affirm)  that  I will  support  and  maintain  the  Constitution  and 
laws  of  the  United  States,  and  of  the  State  of  Alabama,  and  of  the  City 
of  Tuscaloosa,  and  that  I am  not  excluded  from  registering  or  voting  by 
any  of  the  clauses  in  section2  of  article  VIII.  of  the  Constitution  of  Ala- 
bama ; that  I am  a qualified  elector  under  the  laws  of  this  State,  and  en- 
titled under  the  laws  of  this  city  to  vote  at  the  next  municipal  elec- 
tion thereof. 


NO. 

DATE. 

NAME 

AGE. 

BUSINESS. 

No. of 
Ward. 

res: 

State. 

I DEN  C] 
City. 

5 IN 
Ward. 

Sec.  12.  Electors , who  disqualified • — Those  who  have 
been  convicted. of  treason,  embezzlement  of  public  funds,  mal- 
feasance in  office,  larceny,  bribery,  or  other  crime  punishable  in 
the  penitentiary,  and  idiots  and  lunatics,  shall  not  be  permitted 
to  vote  in  this  city  at  any  election. 

Sec.  13.  Duty  of  Secretary  to  furnish  lists. — The  regis- 
tration lists  shall  be  closed  three  davs  prior  to  each  municipal 
election, and  the  City  Secretary  shall  immediately  thereafter  make 
out  a true  and  correct  list  of  the  registered  electors  of  this  city, 
and  deliver  the  same  to  the  board  of  mayor  and  aldermen  ;which 
list  shall  be  kept  on  file  in  the  mayor’s  office. 

Sec.  14.  Certificate  to  registration  lists. — When  the  reg- 
istration of  electors  shall  have  been  completed, the  City  Secretary 
shall  append  the  following  certificate  to  the  list  of  registered 
electors,  registered  by  him: — 


CIVIL  CODE. 


53 

I , Secretary  of  the  city  of  Tuscaloosa,  do  hereby 

certify  that  the  above  and  foregoing  names  of  registered  voters? 
registered  by  me,  were  duly  registered  according  to  law,  be- 
tween the  dates  of  the  day  of  1 88  , and  the 

day  of  188  , in  said  city,  and  that  each  of  said 

persons  so  registered  took  and  subscribed  before  me  the  above 
and  foregoing  oath,  on  the  day  and  dates  set  opposite  their  names 
respectively. 

Witness  my  hand  this  day  of  188 

City  Secretary. 

Sec.  15.  Manner  of  elector  registering. — All  electors  shall 
register  by  signing  their  names  to  the  proper  blank,  and  when- 
ever an  elector  shall  apply  for  registration  who  is  unable  to 
write  his  name,  it  shall  be  the  dutv  of  the  Secretary  to  write 
the  name  of  said  elector  for  him,  to  which  the  elector  shall 
make  his  mark,  which  said  signature  in  each  and  every  case 
shall  be  attested  by  the  City  Secretary. 

Sec.  16.  Judges  and  clerics  of  elections. — The  board  of 
mayor  and  aldermen  at  their  regular  meeting  in  November  of 
each  even  numbered  year  shall  appoint  three  judges  and  two 
clerks  to  hold  the  biennial  election,  who  shall,  before  entering 
on  their  duties,  take  an  oath  to  act  faithfully'  and  impartially  in 
conducting  the  same.  Any  two  of  said  judges  may  act,  and  in 
case  said  clerks,  or  any  of  them,  are  absent,  the  judges  shall  pro- 
ceed to  appoint  suitable  persons  in  their  places. 

Sec.  17.  lime  of  holding  election. — The  biennial  election 
for  Mayor  and  for  one  Alderman  for  each  of  the  six  wards  of 
said  City,  shall  be  held  on  the  first  Monday'  in  December  of  feach 
even  numbered  year. 

Sec.  18.  Elections  advertised • — The  Board  of  Mayor  and 
Aldermen  shall  cause  the  biennal  election,  and  all  other  elections 
to  be  ‘advertised  in  some  newspaper  published  in  said  City  at 
least  ten  days  before  the  same  shall  be  held. 

Sec.  19.  Duty  of  judges  and  clerks.- — It  shall  be  the  duty 
of  the  judges  and  clerks  of  said  elections,  to  open  the  polls  at 
the  hour  of  nine  o’clock  in  the  morning,  and  close  them  at  four 


54 


CIVII.  CODE. 


in  the  evening;  to  receive  the  ballots  of  all  registered  voters, 
unless  said  votes  are  challenged,  and  deposit  those  ballots  cast 
for  Mayor  in  one  box,  and  those  cast  for  Aldermen  in  another. 

Sec.  20.  Challenging  elector. When  any  person  offering  to 
vote  is  challenged,  which  may  be  done  by  any  qualified  voter, 
one  of  the  judges  shall,  without  delay,  tender  him  the  following 
oath: — “You  do  splemnly  swear  (or  affirm)  that  you  are  a duly 
qualified  voter  under  the  Constitution  and  Laws  of  the  State  of 
Alabama,  and  City  of  Tuscaloosa;  that  you  have  resided  with- 
in this  State  one  year,  in  this  County  three  months,  and  in  the 
corporate  limits  of  this  City  bona  fide  sixty  days  prior  to  this 
election,  (or  that  you  own  in  your  own  right,  or  that  of  your 
wife,  three  hundred  dollars  worth  of  propertv,  located  within 
said  city  limits,  upon  which  you  pay  municipal  taxes)  and  that 
you  have  not  voted  this  day.”  And  upon  such  oath  aforesaid 
having  been  taken,  the  ballot  of  such  person  must  be  received 
by  the  judges  and  deposited  as  in  other  cases.  But  if  said  oath 
being  tendered,  shall  not  be  taken,  the  ballots  aforesaid  must  be 
rejected. 

Sec.  21.  Counting  and  certifying  votes. — So  soon  as  the 
polls  shall  be  closed,  the  judges  and  clerks  shall  at  once  proceed 
to  count  and  compare  the  ballots, and  shall  make  out,  after  count- 
ing said  ballots,  a full  return  of  all  the  votes,  showing  how  many 
votes  have  been  cast  for  Mayor,  and  how  many  for  Aldermen, 
with  the  vote  for  each  candidate  for  Alderman;  and  shall  cer- 
tify. under  their  hands,  this  written  return  to  the  Board  of  May- 
or and  Aldermen. 

Sec.  22.  Tie  votes. — Should  there  be  a tie  vote  between 
two  or  more  candidates  for  the  office  of  Mayor,  the  Aldermen 
chosen  at  the  same  election  shall  determine  which  of  said  can- 
didates shall  he  Mayor,  and  should  two  or  more  persons  receive 
the  same  vote  for  Aldermen,  the  Mayor,  chosen  at  that  election, 
shall  declare  which  of  said  persons  shall  be  Aldermen.  And  in 
case  of  any  other  tie  concerning  elections  of  said  city,  it  shall  be 
decided  by  a majority  vote  of  the  Board. 


CIVIL  CODE. 


CHAPTER  IV. 

CONTESTS  OF  ELECTIONS. 

Section. 

23.  Elections,  causes  pf  contests. 

24.  Contests,  statement  of  grounds  to  Probate  Judge. 

25.  Copy  of  contest  served  on  defendant. 

26.  Subpoenas  for  witnesses. 

27.  Depositions  of  witnesses. 

28.  Continuance  of  cause. 

29.  Authority  of  Judge  of  Probate. 

30.  Proceedings  in  case  of  tie  votes. 

31.  Judgment  when  contest  successful. 

32.  Costs  of  contest. 

Sec.  23.  Elections , causes  of  contests . — The  election  of 
persons  declared  to  be  elected  Mayor  or  Alderman  of  said  City 
of  Tuscaloosa,  may  be  contested  by  any  qualified  elector  of  said 
city,  for  any  one  or  more  of  the  following  causes. 

1.  Malconduct,  fraud,  or  corruption  on  the  part  of  any  in- 
spector, judge,  clerk,  returning  officer,  or  board  of  supervisors. 

2.  When  the  person  whose  election  to  such  office  is  contest- 
ed was  not  eligible  thereto  at  the  time  of  such  election 

3.  On  account  of  illegal  votes. 

4.  Any  intimidation,  threats  to  discharge  from  employment, 
offers  to  bribe,  or  bribery,  violence,  abuse,  or  any  other  unlaw- 
ful conduct  calculated  to  prevent  a fair,  free,  and  full  exercise  of 
the  elective  franchise. 

Sec.  24.  Contests , statement  of  grounds  to  Probate 
Judge — Any  elector  choosing  to  contest  any  election  for  May- 
or or  Alderman  of  said  City,  must,  within  fifteen  days  after  such 
person  is  declared  duly  elected, present  a statement  of  the  grounds 
of  contest,  verified  by  affidavit,  for  one  or  more  of  the  causes 
mentioned  in  the  preceding  section,  to  the  Judge  of  Probate  of 
Tuscaloosa  Countv,  who  must  appoint  a day,  not  less  than  fif- 


56 


CIVII.  CODE. 


teen  nor  more  than  twenty  days  from  the  time  of  such  presenta- 
tion for  the  trial  thereof,  and  endorse  the  same  on  such  statement: 
he  must  also,  at  the  same  time,  give  security  for  the  costs  of  such 
contest,  to  be  approved  by  such  judge,  but  in  no  case  shall  the 
Probate  Judge  require  more  than  Five  Hundred  Dollars  as  se- 
curity. 

Sec.  25.  Copy  of  contest  served  on  defe7idant. — A copy 
of  such  statement,  with  the  day  of  trial  endorsed  thereon,  must 
be  served  on  the  person  whose  election  is  contested,  or  left  at 
his  usual  place  of  residence,  at  least  ten  days  before  the  day  ap- 
pointed for  trial,  by  the  sheriff,  or  a constable  of  said  county, and 
the  original  notice  returned  to  the  Probate  Judge  with  the  mode 
of  service  endorsed  thereon. 

Sec.  26.  Subpoenas  for  witnesses. — After  the  notice  re- 
quired has  been  given,  either  party  is  entitled  to  subpoenas  to 
compel  the  attendance  of  witnesses  on  the  day  fixed  for  trial, 
which  must  be  issued  on  application  by  the  Judge  of  Probate, 
before  whom  the  contest  is  to  be  tried:  the  same  proceedings 
may  be  had  against  defaulting  witnesses  as  in  matters  litigated 
in  courts  of  Probate,  such  proceedings  being  returnable  within 
three  months. 

Sec.  27.  Depositions  of  ivitnesses. — Testimony  may  also 
be  taken  bv  deposition  in  such  cases,  and  in  like  manner  as  in 
matters  litigated  in  said  court,  and  witnesses  and  commissioners 
are  entitled  to  the  same  compensation  as  in  other  cases. 

Sec.  28.  Continuance  of  cause. — The  court  may,  for  good 
cause,  continue  the  trial  to  some  other  day,  but  no  continuance 
must  be  over  thirty  days,  and  such  trial  must  not  be  continued 
more  than  twice  on  the  application  of  the  same  party. 

Sec.  29.  Authority  of  Judge  of  Probate. — The  Judge 
of  Probate  has  authority  to  make  an  examination  of  the  ballots 
given  in  such  election,  on  the  trial  of  any  contest  thereof,  so  far 
as  the  same  may  be  necessary  to  arrive  at  a correct  judgment, 
and  must  be  governed  in  the  trial  and  determination  of  such 
contest  by  the  rules  of  law  and  evidence  governing  the  deter- 
mination of  questions  of  law  and  fact  in  the  courts  of  law  in 


CIVIL  CODE. 


* 57 

this  State,  so  far  as  the  same  are  applicable,  and,  after  hearing 
the  proofs  and  allegations,  must  give  judgment,  either  confirm- 
ing or  annulling  such  election  altogether,  or  declaring  some  oth- 
er person  than  the  one  whose  election  is  contested  duly  elected 

Sec.  30.  Proceedings  in  cases  of  tie  votes. — If  it  appear 
that  two  or  more  persons  have  received  an  equal  number  of 
legal  votes  for  such  office,  the  trial  of  such  cause  must  be  tem- 
porarily adjourned,  and  such  result  certified  to  the  Mayor  and 
Aldermen  elect,  who  shall  proceed  to  determine  the  result  of 
said  election  as  hereinbefore  provided  in  cases  of  ties;  and  judg- 
ment must  be  rendered  declaring  such  person,  whose  election  is 
so  determined,  duly  elected. 

Sec  31.  Judgment  when  contest  successful. — When  the 
person  whose  election  is  contested  is  proved  to  be  ineligible  to 
the  office,  judgment  must  be  rendered,  declaring  the  election 
void  as  to  such  person,  and  the  person  having  the  next  highest 
number  of  legal  votes  shall  be  declared  duly  elected  to  the  office. 

Sec.  32.  Costs  of  contest. — When  the  election  is  declared 
void,  or  when  any  other  person  than  the  one  whose  election  is 
contested,  is  declared  elected,  the  party  contesting  recovers  of 
the  person  whose  election  is  contested,  all  costs,  for  which  exe- 
cution may  issue,  returnable  to  any  regular  term  of  said  court, 
within  three. months  after  its  issuance,— and  in  all  cases  where 
the  contesting  party  is  defeated,  the  party  whose  election  is 
contested  recovers  of  him  all  costs,  for  which  execution  against 
him  and  his  securities  mav  issue,  returnable  as  aforesaid. 


58 


CIVIL  CODE. 


CHAPTER  V. 

THE  BOARD. 

Section. 

33.  Who  constitutes  the  Board. 

34.  Election  returns  announced. 

35.  Officers  sworn  in,  and  oaths. 

36.  Organization  of  Board. 

37.  What  constitutes  a quorum. 

38.  Regular  and  called  meetings. 

39.  Standing  Committees. 

40.  Street  Committee  : its  powers  and  duties. 

41.  Finance  Committee  : its  powers  and  duties. 

42.  Public  Grounds  and  Building  Committee  : its  powers  and  duties. 

43.  Public  School  Committee  : its  powers  and  duties. 

44.  Election  of  city  officers. 

45.  Temporary  vacancy  in  Board,  how  filled. 

46.  Compensation  of  city  officers. 

47.  Officers  may  be  fined  and  removed. 

48.  Passage  of  ordinance  ; Proviso. 

49.  Rules  for  government  of  Board. 

Sec.  33.  Who  constitutes  the  Board. — The  Mayor  and  Al- 
dermen of  the  City  of  Tuscaloosa  shall  constitute  the  body  des- 
ignated as  the  Board. 

Sec.  34.  Election  returns  announced ■ — The  Board  shall 
hold  a meeting  on  the  day  after  each  biennial  election  for  Mayor 
and  Aldermen,  for  the  purpose  of  receiving  the  returns  of  such 
election,  and  shall  cause  said  returns  to  be  spread  in  full  on  the 
minutes  of  the  Board,  and  shall  declare  elected  the  persons  hav- 
ing received  the  highest  number  of  votes  for  each  office. 

Sec.  35.  OiRcers  sworn  in , and  oath. — The  Mayor  and 
Aldermen  so  elected  shall  be  at  once  sworn  in,  and  enter  upon 

the  discharge  of  their  duties,  taking  the  following  oath : “I, , 

solemnly  swear  (or  affirm)  that  I will  support  the  constitution 
of  the  United  States,  and  of  the  State  of  Alabama,  so  long  as  I 


CIVIL  CODE. 


59 


continue  a citizen  thereof,  and  that  I will  faithfully  and  honestly 
discharge  the  duties  of  the  office  upon  which  I am  about  to  en- 
ter, to  the  best  of  my  ability,  without  fear,  favor,  or  partiality,  so 
help  me  God.” 

Sec.  36.  Organization  of  the  Board. — As  soon  as  said 
oath  shall  have  been  taken  by  the  Mayor  and  Aldermen  elect, 
the  Mayor  shall  take  his  seat  and  call  the  Aldermen  to  order, 
and  they  shall  then  be  considered  as  organized  for  the  transac- 
tion of  business  as  the  Board  of  Mayor  and  Aldermen  of  the 
City  of  Tuscaloosa. 

Sec.  37.  What  C07istitutes  quorum. — Four  members  of 
the  Board  shall  constitute  a quorum  for  the  transaction  of  busi- 
ness, but  a less  number,  when  a quorum  is  not  present,  may 
adjourn  to  another  day. 

Sec.  38.  Regular  and  called  meetings. — The  Board  shall 
have  regular  stated  meetings  on  the  first  Wednesday  during 
each  month,  and  may  adjourn  said  meeting  from  time  to  time 
during  the  month.  Called  meetings  may  be  held  at  any  time, 
at  the  pleasure  of  the  Mayor,  by  written  notice,  designating  the 
time  and  place  of  meeting;  or  on  the  written  application  of  two 
Aldermen,  the  Mayor  shall  likewise  order  a called  meeting. 

Sec.  39.  Standing  committees. — At  the  first  regular  meet- 
ing of  the  Board,  the  Mayor  shall  appoint  the  following  standing 
committees,  to  consist  of  three  members  each: — 

A committee  on  streets. 

A committee  on  finance. 

A committee  on  public  grounds  and  buildings. 

-A  committee  on  public  schools. 

Sec.  40.  Street  committee:  its  powers  and  duties. — The 
street  committee  shall  examine  into  and  propose  action  on  and 
for  all  matters  pertaining  to  streets,  side-walks,  bridges,  culverts, 
shade-trees,  lamp-posts,  wells,  cisterns,  and  the  like.  They  shall 
in  regard  to  these  things  direct  the  attention  of  the  marshal  and 
overseers,  and  shall  cause  all  such  necessary  repairs  as  the  pub- 
lic safety  and  convenience  may  require  to  be  promptly  made; 
Provided , however,  that  their  expenditures  for  such  purposes 


60 


CIVIL  CODE. 


shall  be  limited  to  such  amount,  per  month,  as  the  Board  may 
determine.  ^ 

Sec.  41.  Finance  committee : its  powers  and  duties. — 
The  finance  committee  shall  examine  into  and  propose  action 
for  all  matters  relating  to  the  revenues  and  liabilities  of  the  city. 
They  shall  examine  all  bills  and  accounts  presented  against  the 
city,  and  endorse  on  them  ‘‘audited,”  before  the  same  shall  be 
acted  on  by  the  Board.  They  shall  analyze  all  accounts,  classi- 
fying the  items  under  the  following  heads:- — 

Salaries  and  fees  of  officers. 

Streets. 

Police. 

Public  grounds  and  buildings. 

Redemption  of  bonds. 

Interest  and  discount. 

Printing. 

Stationery. 

Holding  elections. 

School  fund. 

Fuel  and  light. 

Miscellaneous. 

At  the  end  of  each  year,  the  finance  committee  shall  present 
an  exhibit,  showing  the  receipts  and  expenditures  for  the  year, 
specifying  the  source  from  which  the  receipts  were  derived, and 
classifying  the  expenditures  according  to  the  classification  above 
given. 

Sec.  42.  Public  grounds  and  buildings  committee:  its 
powers  and  duties . — The  public  grounds  and  buildings  com- 
mittee shall  examine  into  and  propose  action  for  all  matters  per- 
taining to  the  grave-yard,  the  commons,  the  river  margins,  and 
other  grounds  and  lots  owned  by  the  city;  the  wharf,  the  ware- 
house, the  city  hall,  the  guard-house,  the  market,  the  powder 
magazine,  the  clock,  the  city  scales,  and  other  public  buildings 
and  property.  They  shall  direct  the  attention  of  the  marshal  as 
custodian  of  public  grounds  and  buildings,  and  shall  cause  nec- 
essary repairs  of  buildings  to  be  made;  Provided , that  the  ex- 
pense thus  incurred  in  any  one  month  shall  not  exceed  such 
limit  as  the  Board  mav  determine. 


/ 


CIVIL  CODE. 


61 


Sec.  43.  Public  Schools  committee:  its  powers  and  du- 
ties.— The  public  schools  committee  shall  have  a general  super- 
vision over  the  public  schools  of  this  city,  and  shall  be  the  offi- 
cial means  of  communication  between  the  board  of  Mayor  and 
Aldermen  and  the  board  of  Education:  they  shall  propose  action 
on  all  matters  pertaining  to,  and  for  the  general  good  and  wel- 
fare of  said  schools,  and  shall  attend  examinations,  and  perform 
such  other  duties  as  may  be  required  of  them. 

Sec.  44.  Election  of  City  officers . — The  Board  shall  at  their 
first  regular  meeting  in  December,  or  as  soon  thereafter  as  prac- 
ticable, elect  viva  voce  a secretary,  a marshal,  a tax  assessor,  a 
tax  collector,  a city  engineer,  a city  attorney,  and  such  other 
officers  as  thev  may  determine  upon.  If  they  deem  it  advisable 
they  may  elect  one  person  to  hold  more  than  one  office. 

Sec.  45.  Temporary  vacancy  in  boards  how  filled. — When 
the  Mayor,  or  any  of  the  Aldermen  of  said  Citv,  shall  be  absent 
with  or  without  the  consent  of  the  remaining  members  of  the 
Board,  for  a less  term  than  that  which  renders  either  of  their 
offices  vacant,  or  when  any  vacancy  shall  occur  in  either  of  said 
offices  by  death,  resignation,  refusal  fo  accept,  removal,  absence, 
or  in  any  other  manner,  those  of  the  oard  Bat  home  and  in  office 
shall  make  a temporary  appointment,  should  they  deem  it  nec- 
essary, of  some  competent  person  to  act  until  the  return  of  the 
absentee,  or  until  the  vacancy  shall  be  filled  by  election. 

Sec.  46.  Compensation  of  city  officers. — The  Board  must 
at  its  first  meeting  fix  the  compensation  of  the  Mayor  and  other 
officers  and  employees  of  the  City. 

. Sec.  47.  Officer  may  be  fined  and  removed • — The  Board 
may  try  an  officer  of  the  corporation  for  violation  or  neglect  of 
duties,  having  first  given  him  notice  thereof.  Such  officer,  if 
convicted,  may  be  fined  by  the  Board,  and  by  a vote  of  two- 
thirds  'of  the  Board,  any  officer  elected  by  them  may  be  removed 
from  office.  Every  officer,  while  under  trial  shall  be  suspended 
from  his  official  duties. 

Sec.  58.  Passage  of  ordinances ; proviso. — No  law  or 
ordinance,  presented  by  any  member  of  the  Board  for  adoption 


nvii-  ronr 


r,2 

amendment,  or  repeal,  at  any  meeting,  shall  be  acted  on  until  the 
next  regular  meeting; provided,  however,  that  the  Board  may 
at  any  time  suspend  this  rule  by  unanimous  consent,  in  which 
case,  four  affirmative  votes  shall  be  required  to  pass,  amend,  or 
repeal  the  proposed  law  or  ordinance. 

Sec.  49.  Rules  for  government  of  board. — For  the  orderly 
transaction  of  business  the  following  rules  are  adopted  for  the 
government  of  the  Board: 

Rule  i.  At  the  appointed  hour  the  Mayor  shall  take  the 
chair,  call  the  Board  to  order,  and  if  a quorum  be  present,  pro- 
ceed to  business.  Four  members  of  the  Board  shall  constitute  a 
quorum. 

Rule  2.  If  the  Mayor  be  absent  the  Aldermen  shall  select 
one  of  their  number  to  act  as  Mayor  nro  tern. 

Rule  3.  In  either  case  business  shall  be  taken  up  and  dis- 
posed of  in  the  following  order,  to-wit:  — 

1.  Calling  the  roll  and  noting  those  who  are  absent. 

2.  Reading  the  minutes  of  the  last  meeting  for  approval  or 
correction. 

3.  Excuses  for  Aldermen  for  failing  to  attend  at  any  former 
meeting,  and  if  such  excuse  is  not  allowed  the  Alderman  shall 
be  fined  five  dollars. 

p Communications  from  the  Mayor. 

Reports  from  each  officer  required  to  report,  which  shall 
be  referred  to  the  appropriate  committee. 

6.  Reports  from  each  of  the  standing  committees,  which 
shall  be  disposed  of.  or  the  matter  referred  back  to  the  com- 
mittee. 

7.  Reports  from  select  committees,  which  must  be  made  at 
the  first  meeting  after  the  reference  unless  further  time  is  given, 
which  matter  must  be  disposed  of  or  referred  back  to  the  com- 
mittee. 

8.  Petitions  read  and  disposed  of.  or  referred  to  the  appro- 
priate committee. 

9.  Unfinished  business. 

xo.  Elections  to  fill  vacancies  in  anv  of  the  offices  of  the  City. 

ir.  New  business. 

12.  Adjournment. 


Civil-  CODF. 


\ 


f>3 


Rule  4.  The  Mayor  shall  preserve  order  and  decorum  in 
the  transaction  of  business  during  each  sitting  of  the  Board,  and 
on  points  of  order  may  speak  in  preference  to  any  Alderman. 

Rule  5.  The  Mayor  shall  decide  all  questions  of  order.  But 
from  his  decision  an  appeal  may  be  taken,  which  appeal  shall 
be  decided  without  debate.  And  the  question  to  be  put  shall  be, 
“Shall  the  decision  of  the  Mayor  stand?” 

Rule  6.  When  any  Alderman  is  about  to  speak,  to  make  a 
motion,  or  deliver  any  matter,  or  make  a report,  he  shall  rise  to 
his  feet  and  address  the  Mayor. 

Rule  7.  If  in  speaking,  or  in  any  other  way,  an  Alderman 
should  violate  any  rule,  the  Mayor  shall,  or  any  Alderman  may 
call  him  to  order,  and  in  such  case  he  shall  sit  down  unless  per- 
mitted to  explain. 

Rule  8.  When  two  or  more  Aldermen  shall  rise  to  speak  at 
the  same  time,  the  Mayor  shall  decide  who  is  entitled  to  speak. 

Ri  le  9.  No  Alderman  shall  speak  more  than  twice  on  the 
same  subject,  except  by  permission  of  the  board. 

Ri  le  10.  When  a motion  is  made,  it  shall  be  stated  to  the 
board  by  the  Mayor,  if  verbal.  If  in  writing,  it  shall  be  read 
by  the  Secretary,  and  on  the  request  of  the  Mayor,  or  any  Al- 
derman. all  motions  shall  be  put  in  writing.  When  so  stated  or 
read,  the  Mayor  shall  put  all  motions  to  the  vote  of  the  Aider- 
men. 

Rule  11.  All  motions,  resolutions,  and  ordinances  shall  be 
•open  to  three  amendments,  and  no  more,  unless  this  rule  is  sus- 
pended by  a two-thirds  vote. 

Rule  12.  In  all  cases  where  an  amendment  is  offered,  the 
question  shall  be  first  put.  “Shall  the  amendment  be  allowed ?v 
And  if  it  is  allowed,  then  the  question  shall  be  taken  on  the  mo- 
tion, resolution,  or  ordinance  as  amended. 

Rule  13.  If  the  amendment  be  lost,  then  the  original  mo- 
tion. resolution,  or  ordinance  shall  be  put  upon  its  passage. 

Ri  le  14.  A motion  to  adjourn  shall  be  always  in  order,  and 
shall  be  decided  without  any  debate. 

Rule  15.  The  previous  question  shall  have  precedence  over 
all  other  motions,  except  a motion  to  adjourn  and  to  lay  on  the 
table,  and  shall,  if  sustained,  preclude  all  debate  and  all  amend- 


64 


CIVII.  CODE. 


merits,  and  shall  be'put  in  this  form;  “Shall  the  main  question 
be  now  put?” 

Rule  16.  Any  Alderman  may  call  for  a division  of  the  ques- 
tion when  it  will  admit  of  a division. 

Rule  17.  Any  Alderman  having  voted  with  the  majority  on 
any  question,  may  move  for  a reconsideration  of  the  question  at 
that  meeting,  or  at  the  next  succeeding  meeting  of  the  Board. 

Rule  18.  The  Mayor  shall  appoint  all  committees  unless 
otherwise  provided  for,  and  the  one  first  named  shall  be  the 
chairman  of  such  committee. 

Rule  19.  In  all  questions  of  the  appropriation,  expenditure, 
or  payment  of  money,  in  all  elections,  in  all  cases  where  the 
aves  and  noes  are  called  for,  and  in  all  cases  where  the  Board  is 
equally  divided,  the  Mayor  shall  be  required  to  vote.  In  all  oth- 
er cases  he  may  or  may  not  vote,  at  his  option. 

Rule  20.  The  Clerk  shall  record  the  ayes  and  noes  when- 
ever taken. 

Rule  21.  The  Mayor,  or  any  member  of  the  Board,  shall 
have  the  right  to  have  his  protest  to  the  passage  of  any  measure 
entered  on  the  minutes,  if  it  is  in  respectful  language,  of  which 
the  Board  shall  judge. 

Rule  22.  Nothing  shall  be  introduced  as  a rider  which  is 
not  pertinent  to  the  subject  of  the  ordinance. 

Rule  23.  On  all  questions  of  filling  blanks,  the  largest  sums 
and  most  remote  day  shall  be  first  put. 

Rule  24.  A majority  of  anv  committee  shall  be  sufficient 
to  act. 

Rule  25.  All  resolutions  and  ordinances  for  the  repeal  or 
change  of  an  existing  ordinance  shall  lie  over  till  tne  next  meet- 
ing, unless  by  unanimous  consent,  when  it  may  be  put  upon  its 
passage  at  once. 

Rule  26.  The  Mayor  may  at  any  meeting  call  an  Alderman 
to  the  chair  for  the  time  being. 

Rule  27.  If  the  Mayor  or  any  Alderman,  shall  willfully  vio- 
late any  of  these  rules,  he  shall  suffer  such  censure  as  the  Board 
may  direct. 

Rule  28.  Any  one  of  the  foregoing  rules  may  be  suspen- 
ded by  vote  of  two-thirds  of  the  Aldermen  present  at  any  meet- 
ing of  the  board. 


Civil.  CODE. 


65 


CHAPTER  VI. 

THE  CITY  OFFICERS :THEIR  POWERS  AND  DUTIES 
Section. 

50.  City  officers : term  of  office. 

51.  Oath — by  whom  administered. 

52.  Bond — condition  and  amount. 

53.  Bond  not  exhausted  by  one  recovery. 

54.  Vacancy  : temporary  and  permanent  appointment. 

55.  City  officers  shall  not  deal  in  city  script,  etc. 

56.  Inspection  of  officers’  books. 

57.  Officer  deliver  books,  etc.,  to  successor. 

58.  Fines,  etc.,  paid  to  treasurer. 

59.  Report  of  collection  of  fines,  etc. 

60.  Reports  : when  made. 

61.  Officers  cannot  delegate  their  authority. 

62.  Officers  required  to  nominate  substitute  to  Board. 

Sec.  50.  City  officer:  term  of  office. — Each  officer  of  the 
city,  elected  by  the  Board  of  Mayor  and  Aldermen,  shall  hold 
his  office  until  the  next  election  of  the  Mayor  and  Aldermen, 
after  his  election,  and  until  his  successor  is  qualified,  unless  oth- 
erwise provided  for,  or  unless  removed  by  a two-thirds  vote  of 
the  Board. 

Sec.  51.  Oath , by  whom  administered. — Each  officer  of 
the  city,  elected  by  the  Board  of  Mayor  and  Aldermen,  shall, 
before  entering-  upon  the  discharge  of  the  duties  of  his  office, 
appear  before  the  Mayor  and  take  and  subscribe  an  oath,  to  be 
by  the  Mayor  administered,  to  faithfully  and  honestly  perform 
the  iluties  of  his  office,  to  the  best  of  his  skill  and  ability,  with- 
out favor,  affection,  or  partiality. 

Sec.  52.  Bond , condition  and,  amount  thereof. — The  fol- 
lowing officers  shall  each,  before  entering  upon  the  discharge  of 
the  duties  of  his  office,  give  bond,  with  good  security,  to  be  ap- 


66 


CIVIL  CODE. 


proved  by  the  Mayor,  payable  to  the  Mayor  and  Aldermen  of 
the  City  of  Tuscaloosa,  and  conditioned  to  faithfully  discharge 
all  the  duties  of  his  office: — 

The  Mayor  shall  giv  e bond  in  the  sum  of  one  thousand  dollars 
to  be  approved  by  the  Judge  of  Probate  of  Tuscaloosa  County. 

The  Marshal  shall  give  bond  in  the  sum  of  one  thousand 
dollars. 

The  Tax  Assessor  shall  give  bond  in  the  sum  of  one  thousand 
dollars. 

The  Tax  Collector  shall  give  bond  in  the  sum  of  two  thous- 
and dollars. 

The  Treasurer  shall  give  bond  in  the  sum  of  five  thousand 
dollars. 

The  City  Sexton  and  the  City  Policemen  shall  give  bond  in 
the  sum  of  one  hundred  dollars. 

Provided,  That  the  Board  may,  in  its  discretion,  exempt  any 
of  said  officers  from  giving  such  bond. 

Sec.  53.  Bond,  not  exhausted  by  one  recovery . — Neither 
of  said  bonds  shall  he  discharged  by  one  recovery  thereon,  but 
successive  recoveries  may  be  had  thereon  till  the  whole  amount 
of  the  bond  is  exhausted;  and  if  the  whole  amount  of  any  of  said 
bonds  shall  he  exhausted  by  recoveries  thereon,  then  it  shall  be 
the  dutv  of  the  Board  of  Mayor  and  Aldermen  to  require  such 
officer  to  execute  a new  bond  with  good  securities,  payable  and 
conditioned  as  the  first,  and  if  he  shall  fail  to  give  such  new 
bond  for  five  days  after  notice  that  the  same  is  required  of  him, 
he  shall  he  removed  from  his  said  office. 

Sec.  54.  Vacancy , temporary  and  permanent  appoint- 

ment.— If  any  vacancy  should  occur  in  any  of  the  offices  of  the 
City,  the  Mayor  shall,  if  necessary,  appoint  some  one  to  fill  it 
until  the  next  meeting  of  the  Board,  when  the  Board  shall  pro- 
ceed to  elect  some  one  to  fill  such  vacancy,  and  the  officer  so 
elected  shall  take  the  oath,  and  give  bond  with  security  as  herein 
before  required. 


CIVIL  COLL. 


67 

Sec.  55.  City  officer  shall  not  deal  in  city  script , etc . — 
No  officer  of  the  City  shall  purchase  or  sell  any  city  script,  cer- 
tificates of  indebtedness,  warrants,  or  claims  against  the  city  on 
speculation;  and  no  officer  shall  loan  out  or  use  on  his  own  ac- 
count, on  any  pretext,  any  money  of  the  City  in  his  hands,  or  on 
any  pretext,  pledge  or  loan  out  any  of  the  property,  notes,  bonds, 
or  other  securities  of  the  City,  except  as  directed  so  to  do  by 
authority  of  the  Board;  and  the  doing  of  any -of  these  things  is 
hereby  declared  sufficient  cause  of  removal,  and  such  other  ac- 
tion as  the  Board  may  deem  proper. 

Sec.  56.  Inspection  of  officer's  books. — Every  officer  or 
agent  of  the  City  shall,  at  all  times  when  requested,  submit  his 
books  and  official  papers  to  the  inspection  of  the  Mayor,  or  to 
any  person  or  committee  appointed  or  authorized  by  the  Board 
to. examine  the  same. 

Sec.  57.  Officer  deliver  books , etc.,  to  successors. — Every 
officer  or  agent  of  the  City,  on  going  out  of  office,  shall  deliver 
over  to  his  successor,  or  to  the  Mayor,  all  books,  papers,  ac- 
counts, tools,  instruments,  and  everything  pertaining  to  his  office. 

Sec.  58.  Fines , etc., paid  to  Treasurer. — It  shall  be  the 
duty  of  any  officer  of  this  City,  who  is  charged  with  the  duty  of 
collecting,  or  who  collects  any  fine,  fee,  forfeiture,  tax,  license, 
due.  or  any  other  money  on  account  of  said  City,  to  pay  the 
same  to  the  City  Treasurer  as  soon  as  practicable  after  its  receipt 
and  to  take  his  receipt  therefor,  specifying  t'he  date,  amount, and 
on  what  account  said  money  is  received. 

Sec.  59.  Report  of  collection  of  fine,  etc ■ — It  shall  be  the 
duty  of  any  officer  of  this  City,  who  is  charged  with  the  duty 
of  collecting,  or  who  collects  any  fine,  fee,  forfeiture,  tax, license, 
due,  or  any  other  money  on  account  of  said  City,  to  report  the 
same. *in  writing,  to  the  Board  at  their  next  regular  meeting  after 
said  collection,  and  to  specify  the  date,  amount,  and  on  what 
account  said  money  was'  received. 

Sec.  60.  Reports:  when  made. — Unless  it  is  otherwise 
specially  provided,  all  whose  duty  it  is  to  make  reports,  shall 


08 


CTVII,  CODE. 


make  such  reports  every  month,  to  the  regular  meeting  of  the 
Board  of  Mayor  and  Aldermen ; and  the  Secretary,  Treasurer, 
Assessor,  and  Collector  shall  also  be  required  to  make,  in  addi- 
tion, a joint  report  at  the  end  of  each  municipal  year,  of  all  re- 
ceipts and  disbursements,  which  reports  shall  be  under  the  su- 
pervision of  the  committee  on  finance. 

Sec.  6i.  Officers  cannot  delegate  their  authority. — The 
City  Marshal,  Secretary,  Treasurer,  Assessor,  Collector,  or  any 
other  officer  or  agent  appointed  or  to  be  appointed  by  the  Board 
of  Mayor  and  Aldermen,  shall  not  have  the  power  to  delegate 
the  authority  or  any  part  thereof  conferred  upon  him  by  virtue 
of  his  office  or  agency.  , A 

Sec.  62.  Officers  required  to  nominate  substitute  to 
board. — In  case  of  the  sickness  or  absence  of  any  one  of  the 
said  officers  or  agents,  or  in  the  event  of  the  duties  of  his  office 
or  agency  rendering  an  assistant,  deputy,  or  substitute  necessary, 
it  shall  be  his  duty  to  nominate  such  assistant,  deputy,  or  sub- 
stitute in  writing  before  the  Mayor;  and  if  such  nomination  is 
approved,  the  person  so  nominated  shall  have  authority  to  act 
as  such  officer’s  or  agent’s  assistant,  subject  to  his  direction  and 
control;  but  if  his  nomination  is  not  approved,  he  shall  not  have 
the  authority  to  act.  This  section  does  not  infringe  upon  the 
right  of  the  Mayor  to  suspend  or  remove  any  policemen. 


CIVIL  CODE. 


69 


CHAPTER  VIII. 

THE  MAYOR:  HIS  POWERS  AND  DUTIES. 

Section. 

63.  The  Mayor : his  powers  and  duties. 

64.  Preside  at  meetings. 

65.  Sign  contracts,  etc. 

66.  Administer  oath  and  approve  bond. 

67.  Holds  Court. 

' 68.  Issues  warrants,  writs,  etc.,  and  punishes  for  contempt. 

69.  Defendant  must  have  trial. 

70.  Imposes  penalty  or  remits  penalty. 

71.  When  penalty  not  fixed  by  law. 

72.  Supervises  officers  of  city. 

73.  May  suspend  marshal,  etc.,  and  make  temporary  appointment. 

74.  Communications  to  Board. 

75.  May  increase  police  force. 

76.  Police  force  appear  before  him. 

77.  May  require  citizens  to  aid  police. 

78.  May  contract  limited  debts. 

79.  May  admit  defendants  to  bail. 

80.  Jurisdiction  of  Mayor  as  justice  and  notary. 

81.  May  prohibit  sale  or  giving  away  of  liquor. 

82.  May  offer  reward. 

83.  Sign  drafts  and  affix  warrant  to  tax  list. 

84.  Appoint  and  discharge  policemen. 

85.  Must  keep  docket. 

86.  Must  suppress  riots  and  disorderly  conduct. 

Sec.  63.  The  Mayor:  his  poivers  and  duties . — The  Mayor 
shall  have  the  following  powers,'  and  perform  the  following  du- 
ties, in  addition  to  the  other  powers  and  duties  imposed  upon 
him  by  the  Charter  of  the  City. 

Sec.  64.  Preside  at  meetings • — He  shall  preside  at  all 
meetings  of  the  Board,  preserve  order,  and  see  that  the  business 
is  done  in  an  orderly  manner. 


TO 


Civil.  CODE. 


Sec.  65.  Sign  C07itracts , etc. — He  shall,  unless  otherwise 
provided  for,  sign  in  behalf,  and  in  the  name  of  the  Board,  all 
contracts  and  agreements  made  by  the  Board,  and  shall  see  that 
such  contracts  and  agreements  shall  be  faithfully  executed  and 
carried  out  on  the  part  of  those  contracting  with  the  City. 

Sec.  66.  Administer  oath  and  approve  bond. — He  shall 
have  the  power,  and  it  shall  be  his  duty  to  administer  the  oath 
of  office,  to  and  approve  the  bonds  of  each  of  the  officers  of  the 
City,  of  whom  such  is  required. 

Sec.  67.  Holds  court. — It  shall  be  his  duty  to  hold  a court 
each  day  in  the  year,  or  as  often  as  may  be  necessary,  except 
Sundays,  for  the  purpose  of  trying  and  determining  every  cause 
brought  before  him. 

Sec.  68.  Issues  warrants , writs , etc.,  and,  punishes  for 
contempt . — Upon  proper  complaint,  information,  or  report,  he 
shall  have  the  power  and  it  shall  be  his  duty  to  issue  all  warrants, 
writs,  writs  of  arrest,  summons,  subpoenas,  executions,  scire 
facias , and  all  other  needful  process,  and  all  and  any  such  as  is 
or  shall  be  authorized  by  the  laws  of  the  State,  or  laws  and  or- 
dinances of  the  City,  whether  original,  mesne,  or  final,  and  in 
issuing  any  warrant  it  shall  not  be  necessary  to  name  the  in- 
former, complainant,  or  prosecutor.  And  he  shall  have  full  pow- 
er to  punish  for  contempt  in  the  same  manner  and  under  the 
same  rules  and  regulations  prescribed  by  the  Code  of  Alabama 
in  reference  to  the  punishment  for  contempt  by  Justices  of  the 
Peace. 

Sec.  69.  Defendant  must  have  trial • — In  all  cases  brought 
before  the  Mayor  he  shall  give  the  defendant  a speedy,  fair,  and 
impartial  trial. 

Sec.  70.  Imposes  or  r em, its  penalty . — In  cases  in  which  a 
defendant  shall  be  convicted  on  such  trial,  and  the  fine,  or  fine 
or  imprisonment,  or  work  for  the  city  is  fixed  by  any  ordinance, 
it  shall  be  his  duty  to  impose  such  fine, or  fine  and  imprisonment, 
or  work  for  the  city;  but  in  his  discretion  he  may  remit  such 
portiomof  the  fine,  or  fine  and  imprisonment,  or  work,  as  he 
may  deem  proper. 


CIVIL  CODE. 


71 


Sec.  71.  When  penalty  not  fixed  by  law.— When  the  fine 
or  work  or  imprisonment  is  not  fixed  by  law,  then  it  shall  be 
his  duty  to  impose  such  as  the  case  in  his  best  judgment  re- 
quires. 

Sec.  72.  Supervises  officers  of  city.  It  shall  be  his  duty  at 
all  times  to  supervise  the  conduct  of  each  of  the  officers  of  the 
city,  and  see  that  each  one  shall  faithfully  discharge  all  the  du- 
ties of  his  office. 

Sec.  73.  May  suspend  marshal , etc.,  and,  make  tempor- 
ary appointment. — He  shall  have  power,  foi  good  and  suffi- 
cient cause  to  suspend  the  marshal,  any  policeman,  or  superin- 
tendent or  overseer  of  the  streets  until  the  next  meeting  of  the 
Board,  and  it  shall  be  his  duty  to  report  such  suspension  and  the 
cause  thereof  to  the  Board  at  its  next  meeting;  he  shall,  if  nec- 
essary, appoint  an  officer  to  act  instead  of  the  one  suspended 
until  the  next  meeting  of  the  Board. 

Sec.  74.  Communications  to  Board. — He  shall  from  time 
to  time,  make  written  communications  to  the  Board,  showing 
the  physical  condition  of  the  City,  its  wants  and  necessities, with 
his  suggestions  for  the  remedy  of  an}'  evil  shown  to  exist. 

Sec.  75.  May  increase  police  force . — When  it  shall  be 
necessary  for  the  preservation  of  the  peace  and  good  order  of 
the  City,  he  shall  have  power  to  increase  the  police  force  of  the 
City;  but  such  increase  shall  continue  only  until  the  next  meet- 
ing of  the  Board,  when  he  shall  make  a report  of  his  action  and 
the  cause  thereof. 

Sec.  76.  Police  force  appear  before  him.— He  shall  have 
power  to  require  the  whole  police  force,  or  any  part  of  it,  to  ap- 
pear before  him,  night  or  day,  and  to  give  them  such  orders  and 
instructions  as  may  be  best  calculated  to  preserve  the  peace, 
good  order,  or  quiet  of  the  City,  when  violated,  or  violence  is 
threatened,  or  apprehended  on  good  grounds. 

‘ Sec.  77.  May  require  citizents  to  aid  police. — He  shall 
have  power  to  require  any  citizen  of  the  City,  between  the  ages 
of  twenty-one  and  fifty  years,  to  aid  the  police  force  in  the  exe- 
cution or  enforcement  of  any  law  of  the  State,  or  any  law  or 


72 


CIVIL  CODE. 


ordinance  of  the  City,  and  any  person  refusing  to  obey,  shall  be 
reported,  tried,  and  fined. 

Sec.  78.  May  contract  limited  debts. — He  shall  have  pow- 
er, without  an  order  of  the  Board,  to  contract  debts  against  the 
City  to  an  amount  not  greater  than  two  hundred  dollars  per 
month,  for  the  purpose  of  buying  and  repairing  the  carts  and 
gear,  buying  new  tools,  and  repairing  old  ones,  shoeing  the 
mules,  and  for  fuel  and  lights  for  the  City  Hall,  and  for  no  oth- 
er purpose  whatever:  should  any  articles  be  so  bought, a written 
report  thereof  must  be  made  to  the  next  meeting  of  the  Board. 

Sec.  79.  May  admit  defendant  to  bail. — On  the  continu- 
ance of  any  cause  before  him,  he  shall  have  power  to  admit  the 
defendant  to  bail,  upon  his  giving  bond  with  two  good  securities, 
to  be  approved  by  the  Mayor,  payable  to  the  Mayor  and  Aider- 
men,  in  such  sum  as  may  be  just,  not  less  than  twenty  dollars, 
conditioned  that  defendant  shall  make  his  personal  appearance 
before  the  Mayor  on  the  day  to  which  the  cause  is  continued,  to 
answer  the  charge  upon  which  he  was  arrested,  and  from  day 
to  day  until  legally  discharged. 

Sec.  80.  Jurisdiction  of  mayor  as  justice  and  notary. — 
The  Mayor  has,  within  the  City  and  County  of  Tuscaloosa,  all 
authority  and  jurisdiction  of  a notary  public,  and  justice  of  the 
peace  in  reference  to  offenses  against  the  laws  of  the  State;  and 
the  forms  of  warrants,  commitments,  and  other  process  issued 
by  him,  and  all  other  proceedings  had  before  him  while  in  the 
exercise  of  such  authority  and  jurisdiction,  shall  be  the  same  as 
are  now,  or  shall  hereafter  be  provided  by  the  laws  of  the  State 
in  relation  to  justices  of  the  peace. 

Sec.  81.  May  prohibit  sale  or  giving  away  of  liquor. — 
He  is  authorized  to  prohibit  the  sale  or  giving  away  of  spirituous, 
vinous,  or  malt  liquors  of  any  kind,  by  any  liquor  dealer,  or  mer- 
chant of  the  City,  for  the  space  of  twenty-four  hours,  whenever 
he  may  think  it  necessary  for  preventing  a disturbance  of  the 
peace  of  the  City. 

Sec.  82.  May  offer  reward . — He  has  power,  whenever  in 
his  judgment,  it  may  be  expedient  to  offi^r  a reward,  of  not  ex- 


CIVIL  CODE. 


73 


ceeding  fifty  dollars,  to  any  person,  not  an  officer  or  employee 
of  the  City,  who  may  be  instrumental  in  arresting  and  convict- 
ing an  offender. 

Sec.  83.  /Sign  drafts  and  affix  warrant  to  tax  list. — The 
Mayor  shall  sign  all  drafts  upon  the  Treasurer  for  appropriations 
made  by  the  Board,  and  shall  affix  his  warrant  to  the  tax  list,  as 
required  by  section  43  of  the  Charter,  and  section  130  of  the  Or- 
dinances, on  or  before  the  first  day  of  July  of  each  year. 

Sec.  84.  Appoint  and  discharge  policemen- — The  Mayor 
shall  have  power  to  appoint,  and  may  for  cause  discharge  all 
policemen,  or  other  employees  of  the  City,  whose  appointment 
is  not  etherwise  provided  for  by  the  Board. 

Sec.  85.  Must  keep  docket. — The  Mayor  shall  keep  a dock- 
et of  all  causes  tried  before  him,  in  which  must  be  entered  the 
names  of  the  parties  the  character  of  the  offense,  the  return  of 
the  officer,  and  the  entry  or  judgment,  specifying  the  amount  of 
the  same  and  the  day  of  its  rendition,  and  such  other  orders  as 
may  be  necessary. 

Sec.  86.  Must  suppress  riots  and  disorderly  conduct. — 
It  shall  be  the  right  and  duty  of  the  Mayor  to  suppress  all  af- 
frays, riots,  and  unlawful  assemblies,  and  all  lewd,  indecent, pro- 
fane, boisterous,  riotous,  or  disorderly  conduct  within  the  City; 
to  do  which  he  may  summon  to  his  aid  as  many  of  the  male  in- 
habitants thereof,  as  he  may  think  proper. 


74 


CIVIL  CODE, 


/, 

CHAPTER  VIII. 

THE  CITY  SECRETARY. 

Section. 

87.  The  Secretary  : his  powers  and  duties. 

88.  Must  attend  meetings  and  keep  minutes. 

89.  Must  record  ordinances. 

90.  Must  record  reports. 

91.  Indexing  and  marginal  notes. 

92.  Must  record  bonds. 

93.  Take  charge  of  books  and  countersign  drafts. 

94.  Must  issue  licenses. 

95.  Keep  license  book. 

96.  Account  with  tax  collector. 

97.  Account  with  marshal. 

98.  Account  with  treasurer. 

99.  Accounts  analysed  and  arranged  each  month.  # 

100.  Bonds,  etc.,  deposited  with  treasurer. 

101.  Attend  to  printing  and  stationery. 

102.  Other  duties. 

Sec.  87.  The  Secretary : his  powers  and  duties ■ — The 
Secretary  of  the  City  shall  have  the  following  powers  and  per- 
form the  following  duties. 

Sec.  88.  Must  attend  meetings  and.  keep  minutes . — It  shall 
be  his  duty  to  attend  all  meetings  of  the  Mayor  and  Aldermen, 
and  at  each  meeting  to  enter  in  a well  bound  book  all  the  pro- 
ceeding of  the  Mayor  and  Aldermen  held  at  that  meeting, which 
book  shall  be  called  and  labelled  The  Minute  Book  of  the 
Board. 

Sec.  89.  Must  record  ordinances. — When  any  ordinance 
shall  be  adopted  by  the  Mayor  and  Aldermen,  he  shall  put  the 
appropriate  number  on  it,  beginning  with  the  number  succeed- 
ing the  last  section  of  this  Code,  and  make  an  entry  in  the  min- 
ute book,  showing  that  such  ordinance,  giving  its  date,  title  and 
number,  was  adopted  on  that  day.  He  shall  also  record  every 
ordinance  so  adopted  in  a well  bound  book,  kept  for  such  pur- 
poses,and  labelled  The  Ordinance  Book  of  the  Board. 


CIVIL  CODE. 


75 


Sec.  90.  Must  record  reports . — He  shall  keep  a book,  to  be 
called  and  labelled,  The  Book  of  Reports.  In  this  book  he  shall 
record  as  soon  as  practicable,  the  reports  of  the  Tax  Collector, 
the  reports  of  the  Treasurer,  the  reports  of  the  Marshal,  the  re- 
ports of  the  Sexton,  and  any  reports  made  by  any  other  officers 
of  said  City,  and  if  any*of  said  original  reports  be  lost  or  mis- 
laid, the  copy  as  made  shall  be  evidence  of  the  contents  of  such 
reports. 

Sec.  91.  Indexing  and  marginal  notes . — Each  of  said 
Minute,  Ordinance,  and  Reports  Books  shall  have  an  alphabeti- 
cal index  in  the  beginning  thereof,  and  marginal  spaces  on  each 
page  for  noting  the  transactions  therein  recorded;  and  it  shall  be 
the  duty  of  said  Secretary  to  fill  out  said  marginal  spaces,  and 
transfer  his  said  notes  to  the  said  index,  as  early  as  practicable, 
after  making  said  records. 

Sec.  92.  Must  record  bonds ■ — The  Secretary  shall  record 
each  of  the  bonds,  given  by  the  officers  of  the  City  of  Tusca- 
loosa, in  a well  bound  book  to  be  kept  by  him,  and  called  and 
labelled  Officer’s  Bond  Book,  and  should  any  of  said  bonds  be 
lost  or  destroyed,  a copy  thereof  made  by  the  Secretary  shall  be 
evidence  as  fully  as  the  original  would  have  been.  Said  bonds 
shall  be  by  the  Secretary  carefully  preserved,  and  said  book 
shall  be  by  him  indexed. 

Sec.  93.  Take  charge  of  books  and  countersign  drafts . — 
He  shall  take  charge  of  and  preserve  all  the  books,  papers,  and 
records  belonging  to  the  City,  and  shall  countersign  all  proper 
and  lawful  drafts  of  the  Mayor  upon  the  Treasurer. 

Sec.  94.  Must  issue  licenses . — He  shall  have  power,  and  it 
shall  be  his  duty,  on  application,  to  issue  all  licenses  required  by 
the  ordinances  of  the  City,  on  the  delivery  to  him  of  the  receipt 
of  the  City  Collector,  showing  that  the  amount  due  for  such  li- 
cense has  been  paid,  and  the  payment  to  him  of  his  fee  for  issu- 
ing the  same.  Said  license  shall  be  regularly  numbered  by  him 
in  the  order  in  which  they  are  issued. 

Sec.  95.  Keep  licerise  book. — He  shall  keep  a stub  book, 
to  be  called  and  labelled,  The  License  Book,  in  which  he  shall 
enter  each  license,  to  whom  granted,  for  what  length  of  time, 


70 


CIVIL  CODE. 


and  what  business  or  pursuit,  and  the  price  paid  to  the  City 
Collector  therefor,  and  number  it,  and  this  entry  he  shall  make 
as  soon  as  he  shall  issue  the  license. 

Sec.  96.  Account  with  tax  collector. — He  shall  keep  an 
account  with  the  Tax  Collector  for  the  City.  In  this  he  shall 
charge  him  with  the  whole  amount  of  the  assessment  lists  re- 
turned by  the  Tax  Assessor  and  the  amount  paid  for  each  license 
issued  by  himself  on  the  Collector’s  receipt,  for  the  City.  He 
shall  credit  him  by  each  sum  paid  by  him  to  the  Treasurer,  and 
by  lists  of  insolvency  and  errors  allowed  by  the  Board,  and  to 
ascertain  this  he  shall  examine  the  Treasurer’s  report,  and  any 
receipt  of  the  Treasurer  produced  by  the  Collector. 

Sec.  97.  Account  with  marshal. — He  shall  keep  an  account 
against  the  Marshal.  In  this  he  shall  charge  him  with  all  sums 
of  money  belonging  to  the  City  received  by  the  Marshal,  and 
credit  him  by  all  sums  which  he  shall  pay  to  the  Treasurer. 

Sec.  98.  Account  with  the  Treasurer. — He  shall  keep  an 
account  with  the  Treasurer  of  the  City.  In  this  he  shall  charge 
him  with  all  the  money  of  the  City  received  by,  or  paid  to  him, 
and  shall  give  him  credit  by  all  sums  paid  out  by  him,  oh  prop- 
er warrants  drawn  and  duly  signed  thereof,  and  to  ascertain 
these  facts  he  shall  examine  the  reports  of  the  Treasurer,  Tax 
Collector  and  other  officers,  and  vouchers  produced. 

Sec.  99.  Accounts  analysed  and  arranged  each  month. — 
He  shall,  on  the  tirst  day  of  each  month,  analyse  and  arrange,  as 
the  finance  committee  may  direct,  all  accounts  presented  against 
the  City,  so  that  the  same  may  be  examined  and  audited  by  said 
committee  prior  to  the  regular  monthly  meetings  of  the  Board. 

Sec.  ioo.  Bonds,  etc deposited  with  Treasurer. — Incase 
of  necessity,  he  shall  transfer  to  the  Treasurer  for  safe  keeping, 
all  bonds,  books,  and  valuable  papers,  and  the  seal  belonging  to 
the  corporation,  that  may  come  into  his  possession. 

Sec.  ioi.  Attend  to  printing  and  stationery. — He  shall 
execute  the  orders  of  the  Board  in  regard  to  the  publication  of 
Laws,  Ordinances  and  Notices,  and  under  the  direction  of  the 
Finance  Committee  shall  have  printed  all  blanks,  and  purchas- 
ed all  stationery,  required  by  the  officers  of  the  City. 

Sec.  102.  Other  duties • — He  shall  perform  such  other  duties 
as  are  or  may  be  required  of  him. 


CIVIL  CODE. 


i «Sa  i 


i is 


ft 


77 


CHAPTER  IX. 


THE  MARSHAL  AND  POLICEMEN. 


Section. 

103.  The  Marshal : his  powers  and  duties. 

104.  Must  attend  meetings  and  courts,  and  be  in  charge  of  city  hall. 
lQfi.  When  policemen  detailed  in  his  stead. 

106.  Head  of  city  police. 

107.  Must  execute  writs,  etc. 

108.  Powers  of  sheriffs  and  constables. 

109.  Arrest  violators  of  the  law. 

110.  Arrested  persons  carried  before  Mayor. 

111.  May  take  bond  from  arrested  person.  . 

112.  Disorderly  persons  locked  up. 

113.  Collect  fines,  etc. 

114.  Shall  search  out  and  remove  nuisance. 

115.  See  that  license  laws  are  complied  with. 

116.  Shall  act  as  street  overseer. 

117.  Custodian  of  grounds  and  buildings. 

118.  Shall  store  powder  in  magazine. 

119.  May  summon  posse. 

120.  Appointment  and  discharge  of  policemen. 

121.  Authority  of  policemen. 

Sec.  103.  Tfye  marshal:  his  'powers  and  duties. — The 
Marshal  of  the  City  of  Tuscaloosa  shall  have  the  following  pow- 
ers and  perform  the  following  duties,  in  addition  to  such  other 
powers  and  duties  as  may  be  conferred  upon  him  by  law. 

‘Sec.  104.  Must  attend  meetings  and  courts , and  he  in 
charge  of  City  Hall • — The  Marshal  shall  ring  the  bell  for  and 
attend  all  meetings  of  the  Board  of  Mayor  and  Aldermen,  and 
all  sessions  of  the  Mayor’s  court,  and  see  that  the  City  Hall  is 
supplied  with  lights,  fires,  and  other  necessaries.  And  he  shall 
report  anv  derangement  in  the  running  of  the  city  clock  to  the 
Mayor. 

Sec.  105.  I Vhen.policeman  detailed  in  his  stead. — Should 


official  business  call  him  off  during  the  sitting  of  the  Board,  or 
of  the  court,  he  shall  require  a policeman  to  attend  the  same  in 
his  place,  who  shall  be  empowered  to  perform  all  the  duties  re- 
quired of  the  Marshal. 

Sec.  106.  Head  of  police- — The  Marshal  shall  be  the  head 
of  the  police  of  the  city,  and  as  such  it  shall  be  his  duty,  without 
fear  or  favor,  to  require  and  to  see  that  each  policeman  shall  do 
his  whole  duty  ; and  he  shall  exercise  a general  and  particular 
care  and  guardianship  over  tho  peace,  safety,  and  good  order  of 
the  city. 

Sec.  107.  Must  execute  writs , etc. — He  shall  execute, with- 
out delay,  all  the  lawful  ordinances,  resolutions,  by-laws,  and  or- 
ders of  the  Board  of  Mayor  and  Aldermen,  and  all  writs,  writs 
of  arrest,  warrants,  summons,  executions,  rules,  attachments,  no- 
tices, scire  facias , and  all  other  process  original,  mesne,  and 
final,  which  may  be  issued  by  the  Mayor,  and  sell  property  un- 
der execution,  and  make  title  to  the  property  so  sold. 

Sec.  108.  Powers  of  sheriffs  and  constables. — In  the  dis- 
charge of  any  of  the  duties  above  imposed  he  shall  have  all  the 
rights  and  powers  that  Sheriffs  and  Constables  have,  and  be  en- 
titled to  all  the  protection,  privileges,  and  immunities  that  they 
are  entitled  to;  and  his  authority  as  such  shall  extend  within  the 
corporation  of  the  City  of  Tuscaloosa, and  within  one  mile  thereof- 

Sec.  109.  Arrest  violators  of  the  law ■ — He  shall  have  pow- 
er, and  it  is  made  his  duty,  to  arrest  all  persons  who  violate  the 
penal  laws  of  the  State  in  this  city,  and  who  violate  any  ordin- 
ance of  the  City,  and  such  arrests  shall  be  made  as  is  provided 
in  another  section  of  this  Code. 

Sec.  110.  Arrested  persons  carried  before  mayor. — When- 
ever any  person  is  so  arrested,  the  Marshal  shall  carry  such 
person  before  the  Mayor,  for  examination  and  commitment  fora 
violation  of  a State  law,  or  for  trial  for  a violation  of  an  ordin- 
ance of  the  City. 

Sec.  tii.  May  take  bond  from  arrested'  person. — When- 
ever the  Marshal  shall  arrest  any  person  charged  with  an  offense, 


CIVIL  COD L. 


79 


such  person  may  be,  released  at  the  discretion  of  the  arresting 
officer,  on  bond  as  is  elsewhere  provided. 

Sec.  i 12.  Disorderly  persons  locked  up. — The  Marshal 
shall  place  in  the  guard  house,  and  safely  keep  therein,  all  riot- 
ous and  disorderly  persons,  who  may  be  apprehended  by  him, 
or  by  the  city  police,  and  take  them  before  the  Mayor  at  the 
time  of  holding  court. 

Sec.  i 13.  Collect  dues , etc. — The  Marshal  shall  collect  all 
fines,  forfeitures,  and  penalties  that  may  be  imposed  or  inflicted 
b)  the ‘Mayor,  and  pay  the  same  to  the  Treasurer,  taking  his  re- 
ceipt therefor  ; and  shall  make  a report  of  such  collections  at 
each  meeting  of  the  Board. 

Sec.  i 14.  Shall  search  out  and,  remove  nuisance. — It  shall 
be  the  duty  of  the  Marshal  to  search  out  and  remove  nuisances, 
if  within  his  power,  and  if  not  to  report  the  same  to  the  Mayor; 
he  shall  also,  within  the  fire  limits,  search  out  and  report  to  the 
Mayor,  all  cases  where  danger  from  fire  may  exist. 

Sec.  115.  See  that  license  laws  are  complied  with. — It  shall 
be  the  duty  of  the  Marshal  to  see  that  all  persons  liable  thereto, 
. have  taken  out  licenses,  and  to  report  those  neglecting  or  violat- 
ing the  license  laws  to  the  Mayor:  and  he  shall  see  that  all  ped- 
dlers and  transient  dealers  comply  with  the  laws  and  ordinances 
concerning  them. 

Sec.  1 16.  Shall  act  as  street  overseer. — The  Marshal,  un- 
der the  direction  of  the  street  committee,  shall  act  as  superinten- 
dent of  streets,  and  in  the  absence  of  a special  overseer, shall  su- 
perintend all  improvements  and  repairs  thereof.  He  shall  prompt- 
ly report  to  said  committee  all  cases  that  come  to  his  knowledge, 
requiring  speedy  action,  and  shall  have  charge  of  all  tools  and 
implements  belonging  to  the  city,  and  be  responsible  for  their 
efficiency  and  safe  keeping. 

Sec.  117.  Custodian  of  grounds  and  buildings . — The 
Marshal,  under  the  direction  of  the  public  grounds  and  buildings 
committee,  shall  act  as  custodian  of  the  grave  yard,  public  build- 
ings, and  grounds.  He  shall  report  to  said  committee  all  repairs 


needed  on  said  buildings  and  grounds,  and  cause  the  same  to  be 
made  as  they  may  direct. 

Sec.  i 18.  Shall  store  powder  in  magazine  — The  Marshal, 
at  the  powder  magazine,  shall  receive,  mark,  and  safely  keep  all 
powder  offered  for  storage,  and  deliver  the  same  to  the  owner 
when  called  for \ provided,  that  application  is  made  between 
sunrise  or  sunset;  but  in  no  case  shall  he  deliver  on  Sunday,  or 
at  night. 

Sec.  1 19.  May  summon  posse. — In  executing  any  of  the 
duties  of  the  Marshal,  he  shall  have  power  to  summon  to  his  aid 
any  male  citizen  of  the  city,  between  the  ages  of  twenty-one 
and  sixty. 

Sec.  120.  Appointment  and  discharge  of  policemen. — The 
city  police  shall  consist  of  such  number  as  may  from  time  to  time 
be  determined  by  the  Board  of  Mayor  and  Aldermen,  and  shall 
be  appointed  and  discharged  by  the  Mayor,  unless  otherwise 
provided. 

Sec.  12 1.  Authority  of  policemen. — Each  policemen  of 
the  city  shall  have  the  power  and  authority  conferred  upon  the 
Marshal  of  the  city  by  the  charter  and  ordinances  thereof,  sub- 
ject to  the  direction  and  control  of  the  Mayor,  who  shall  pre- 
scribe the  rules  and  regulations  for  their  exercising  the  duties 
herein  required,  and  under  the  supervision  of  the  Marshal. 


Civil.  CODE. 


81 


CHAPTER  X. 

THE  TAX  ASSESSOR. 


Section. 

122.  Assess  taxes  and  make  lists. 

123.  Notice  of  sessions. 

124.  Duty  of  tax  payers. 

125.  When  assessor  must  assess  taxes. 

126.  False  or  fraudulent  list. 

127.  Assessment  book. 

128.  Objections  and  exceptions  to  assessments. 

129.  Hearing  exceptions  by  the  Board. 

130.  Levy  of  taxes. 

131.  List  delivered  to  collector. 

Sec.  122.  Assess  taxes  and  make  list . — The  Assessor  shall, 
each  year, between  the  fifteenth  day  of  April, and  the  first  day  of 
May,  make  a full  and  complete  assessment  of  all  the  taxable 
property,  real  and  personal,  and  other  items  of  taxation,  in  the 
city,  and  a complete  list  of  all  the  persons  liable  to  street  or 
poll  tax. 

Sec.  123.  Notice  of  assessors. — The  Assessor  shall  give 
ten  days’  notice  of  the  time  and  place  of  making  said  assessment 
by  publication  in  some  newspaper  published  in  said  city,  and  at 
the  sessions  for  such  purpose  he  shall  receive  from  the  citizens, 
under  oath,  a correct  list  and  estimate  of  the  value  of  all  prop- 
erty, and  also  of  polls,  subject  by  the  laws  of  the  city  to  taxation. 

Sec.  124.  Duty  of  tax  payer. — It  shall  be  the  duty  of  all 
persons  liable  to  taxation  to  attend  at  the  place  and  within  the 
time  designated  in  such  notice,  and  to  render  to  the  Assessor  a 
complete  list  of  all  the  property  and  items  of  taxation  upon  which 
he  is  liable  to  be  taxed,  and  the  Assessor  shall  enter  such  prop- 
erty and  other  items  of  taxation  upon  a blank  assessment  list, 
which  shall  show  the  property  and  other  items  of  taxation  as- 


82 


CIVIL  CODE. 


sessed,  and  the  amount  or  value  of  each  item  as  assessed  by  the 
Assessor,  and  the  tax  payer  shall  subscribe  an  affidavit  thereon 
that  such  assessment  contains  a correct  list  of  his  taxable  prop- 
erty and  other  items  of  taxation,  according  to  the  best  of  his 
knowledge  and  belief,  which  oath  may  be  administered  by  the 
Assessor. 

Sec.  125.  When  assessor  must  assess  taxes. — After  the 
expiration  of  the  time  so  appointed  by  the  Assessor,  as  herein 
before  provided,  the  Assessor  shall  make  a demand  in  person 
upon  such  tax  payers  as  have  failed  to  render  their  lists  within 
said  time,  and  if  the  Assessor  is  not  able  to  find  such  tax  payers 
by  the  first  day  of  June,  or  if  any  person  shall  fail  or  refuse  to 
render  to  the  Assessor  such  list  of  his  taxable  property  and  oth- 
er items  of  taxation  before  said  first  day  of  June,  the  Assessor 
shall  ascertain  from  inquiry,  or  otherwise,  the  property  and  oth- 
er items  of  taxation  upon  which  such  person  is  liable  to  be  taxed, 
and  shall  assess  the  same  according  to  the  best  of  his  informa- 
tion and  judgment, and  shall  make  a note  of  the  fact  in  the  assess- 
ment returned  by  him.  For  making  such  assessment,  as  is  in 
this  section  provided,  the  Assessor  shall  be  entitled  to  a fee  of 
one  dollar,  which  shall  be  added  to  and  collected  with  the  tax 
assessed. 

Sec.  126.  False  or  fraudulent  lists. — If  the  Assessor  is 
satisfied  that  the  list  rendered  by  any  tax  payer  is  false,  or  fraud- 
ulent, or  incomplete,  he  shall  notify  the  tax  payer  to  that  effect, 
and  assess  the  property  and  other  items  of  taxation  of  such  tax 
payer,  according  to  the  best  of  his  information  and  judgment, and 
shall  make  a note  of  such  fact  in  the  assessment.  For  correcting 
such  assessment,  as  is  provided  in  this  section,  the  Assessor  shall 
be  entitled  to  a fee  of  one  dollar,  which  shall  be  added  to  and 
collected  with  the  tax  assessed. 

Sec.  127.  Assessment  booh. — The  assessments  made  by  the 
Tax  Assessor,  and  the  list  of  persons  liable  to  street  or  poll  tax, 
shall  be  entered  by  him  in  a book  suitably  ruled  and  substantial- 
ly bound,  which  shall  show  in  separate  columns  the  names  of 
the  persons  assessed  in  alphabetical  order,  the  real  estate  assess- 


CIVIL  CODE. 


83 


ed  to  each  person  and  the  value  of  the  same,  and  the  number 
and  kind,  and  value  and  amount,  of  every  species  of  taxable 
property  or  other  items  of  taxation  assessed  to  each  person.  Said 
book  shall  also  show  the  whole  amount  or  value  of  each  separate 
item  of  taxation  entered  therein — distinctly  setting  forth  the 
whole  value  of  real  estate  in  the  city  assessed,  the  total  value  of 
the  personal  property  assessed,  and  the  total  amount  of  other 
items  of  taxation. 

Sec.  128.  Objections  and  exceptions  to  assessments. — The 
assessments  and  assessment  book  provided  for  by  the  preceding 
section,  shall  be  returned  to  and  deposited  with  the  Mayor  on 
or  before  the  first  day  of  June  in  each  year:  and  the  city  Secre- 
tary must,  without  delay,  give  notice  by  publication  for  not  less 
than  ten  days  in  some  newspaper  published  in  said  city,  that  the 
book  of  assessment  of  city  taxes  is  ready  and  open  to  the  inspec- 
tion of  all  persons  interested,  and  that  all  objections  or  exceptions 
to  the  assessments  must  be  made  in  writing  within  the  first  three 
weeks  of  the  month  of  June,  or  within  thirty  days  from  the  as- 
sessment thereof.  All  objections  or  exceptions  to  the  assess- 
ments must  be  made  in  writing,  and  filed  with  the  Mayor  with- 
in said  time,  and  it  is  his  duty  to  lay  them  before  the  Board,  and 
the  person  making  the  same  may  appear  before  the  Board  in 
person  or  by  attorney. 

Sec.  129.  Hearing  exceptions  by  the  Board. — At  the  first 
regular  meeting,  or  at  a special  meeting  to  be  called  for  the  pur- 
pose b}  the  Mayor,  during  the  month  of  July,  of  which  the  city 
Secretary  shall  give  ten  day’s  notice  by  publication  in  some 
newspaper  published  in  said  city,  the  Board  of  Mayor  and  Al- 
dermen shall  take  up,  hear,  and  determine  the  said  objections 
and  exceptions  filed,  and  shall  examine  the  said  assessment  book, 
and  in  case  errors  are  found,  shall  cause  the  Secretary  to  enter 
the  said  corrections  plainly  upon  the  said  assessment  book. 

Sec.  130.  Levy  of  taxes. — As  soon  as  said  corrections  are 
made,  or  if  no  errors  are  found,  as  soon  as  said  examination  is 
completed,  the  Board  shall  determine  the  taxes  to  be  levied  for 
the  current  year,  on  the  property  and  other  items  of  taxation  in 


/ 


84  Civil.  CODE. 

the  city,  and  the  amount  to  be  assessed  as  a street  tax  or  poll  tax 
upon  persons  liable  thereto,  and  shall  cause  the  Assessor,  under 
the  supervision  of  the  Board,  to  enter  upon  said  assessment  book, 
opposite  the  name  of  each  person,  the  tax  assessed  upon  his  sev- 
eral items  of  taxation,  including  the  street  or  poll  tax,  and  any 
special  assessment  of  taxes,  and  the  total  amount  of  taxes  assess- 
ed against  him;  and  also  to  calculate  and  enter  upon  said  book 
the  aggregate  amount  of  all  the  taxes  so  assessed.  And  when 
said  entries  have  been  examined,  and  when  necessary,  corrected 
by  the  Board,  the  Mayor  shall  make  and  sign  a certificate  upon 
or  appended  to  said  assessment  book,  that  the  same  has  been  ex- 
amined by  the  Board,  and  all  necessary  corrections  made  there- 
in, and  that  the  taxes  therein  shown  and  assessed  have  been  duly 
levied  by  the  Board  of  Mayor  and  Aldermen  for  the  current  tax 
year,  which  certificate  shall  be  attested  by  the  Secretary.  The 
assessment  book,  so  certified,  must  be  deemed  the  original  as- 
sessment book,  and  shall  remain  in  the  custody  of  the  city 
Secretary.  v 

Sec.  13 i . List  delivered  to  collector. — Within  two  weeks 
after  said  assessment  book  has  been  corrected,  the  Secretary 
shall  give  the  Collector  a list  of  the  tax  payers,  and  the  amount 
of  tax  due  from  each,  any  special  tax  being  shown  separately, 
as  shown  by  said  book. 


CIVIL  CODE. 


85 


CHAPTER  XI. 

THE  TAX  COLLECTOR. 

Section. 

132.  Public  notice  of  when  taxes  are  due. 

133.  Escaped  taxes. 

134.  What  collector  chargeable  with,  and  how  released. 

135.  List  of  errors  and  insolvencies. 

136.  Property  sold  after  November  first. 

137.  Deed  of  Tax  Collector. 

138.  Deeds  recorded  by  Secretary. 

139.  Deeds  recorded  in  probate  office. 

140.  Deeds  pritoia  facie  evidence  in  suit. 

141.  How  real  estate  thus  sold  may  be  redeemed. 

142.  Relinquishment  of  possession. 

143.  Notice  to  purchaser. 

144.  City  purchases  property  in  default  of  sufficient  bid. 

145.  Excess  of  sale  paid  to  owner. 

146.  Report  of  Collector. 

147.  May  sell  for  past  taxes. 

Sec.  132.  Public  notice  of  when  taxes  are  due. — Upon  re- 
ceiving the  said  tax  list  of  the  city,  the  Collector  shall  give  notice 
in  some  newspaper  published  in  said  city,  for  thirty  days,  that 
the  city  taxes  for  the  year  are  required  to  be  paid  him  on  or  be- 
fore the  first  day  of  October,  next  ensuing;  and  of  the  time  and 
place  he  will  attend  from  the  first  day  of  September  to  the  first 
day  of  October  for  the  purpose  of  receiving  taxes.  After  the 
first  day  of  October  the  Collector  shall  make  a personal  demand 
upon  such  tax  payers  as  have  not  paid  their  taxes,  and,  when  un- 
able to  find  them,  shall  leave  a written  notice  at  the  place  of 
residence  of  such  tax  payers,  and  he  shall  be  entitled  to  collect 
as  his  fee  one  dollar  for  making  such  demand  or  giving  such 
notice. 

Sec. 133.  Escaped  taxes  - It  shall  be  the  duty  of  the  Collector 
to  assess  the  taxes  of  such  persons  as  have  escaped  the  Assessor, 


CIVIL  CODE. 


8G 

entering  up  all  such  assessments  in  the  back  part  of  the  book  of 
assessments  of  each  year,  and  to  collect  the  same  as  other  taxes. 

Sec.  134.  What  collector  chargeable  with , and  how  re- 
leased.— The  Collector  shall  be  charged  with  and  accountable 
for  the  whole  amount  of  taxes  assessed  for  each  year,  as  shown 
by  the  assessment  book,  and  with  the  taxes  of  persons  escaping 
the  assessor  and  assessed  by  the  Collector,  and  with  the  penalty 
incurred  by  delinquent  tax  payers,  and  with  all  other  taxes  or 
dues  from  all  other  sources  owing  the  city,  collected  or  legally 
collectible  by  the  Collector;  and  he  shall  only  be*  released  from 
such  liability  by  showing  the  entire  insolvency  of  the  person 
whose  taxes  he  has  failed  to  collect,  and  that  the  amounts 
charged  against  him  cannot  be  collected  by  the  utmost  diligence 
and  the  use  of  all  the  means  given  by  law. 

Sec.  135.  List  of  errors  and  insolvencies. — The  Collector 
shall  report  to  the  Board  at  their  first  regular  meeting  in  Feb- 
ruary of  each  year,  on  oath,  a list  of  persons  out  of  whom  he  is 
unable  to  make  the  taxes  for  the  current  year  of  taxation,  which 
shall  be  termed  ‘kthe  list  of  insolvencies;”  and  also  another  list, 
of  such  persons  as  have  been  overcharged  in  the  assessment, 
which  list  shall  be  termed  “the  list  of  errors  in  assessment;”and 
the  Board,  after  examining  such  lists,  shall  give  him  credit  for 
such  amount  of  insolvencies  and  errors  of  assessment  as  said 
Board  shall  allow. 

Sec.  136.  Property  sold,  after  November  first. — After  the 
first  day  of  November  of  each  yea'-,  the  Collector  shall  proceed, 
without  delay,  to  levy  upon  any  personal  property  of  delin- 
quent tax  payers — such  as  have  not  paid  their  taxes — and  if  no 
personal  property  of  a sufficient  amount  can  be  found,  he  shall 
levy  upon  the  real  estate  of  such  delinquent,  and  shall  give  no- 
tice by  advertisement  in  some  newspaper  published  in  the  city 
of  Tuscaloosa,  for  four  weeks,  which  notice  shall  describe  the 
lot  or  lots,  or  part  or  parts  of  the  same  by  number,  on  which 
said  tax  was  levied,  and  give  the  name  of  the  person  to  whom 
assessed,  or  state  that  the  owner  is  unknown,  and  also  the  amount 
of  the  tax  assessed,  and  what  amount  is  due  and  unpaid  on  said 
property,  and  for  what  year  or  years  it  is  due,  and  shall  also 


CIVIL  CODE. 


87 


state  that  the  Tax  Collector,  will  on  a certain  day,  at  the  Court 
House  door  of  said  County,  proceed  to  sell  each  of  said  lots  up- 
on which  the  taxes  and  dues  shall  not  have  been  paid,  or  so  much 
thereof  as  shall  be  sufficient  to  pay  the  same  on  the  appointed 
day;  and  on  such  day,  unless  the  Tax  Collector  for  good  cause 
shall  adjourn  the  sale  to  some  other  day,  not  longer  than  ten  days 
from  the  time  appointed,  and  then  on  that  day  shall  proceed  to 
sell  any  of  said  lot  or  lots  on  which  the  taxes  overdue  still  re- 
main unpaid,  or  so  much  thereof  as  will  be  sufficient  to  satisfy 
the  taxes  assessed,  and  the  costs  incurred  in  advertising  and  mak- 
ing a deed  to  the  purchaser  thereof. 

Sec.  137.  Deed  of  the  tax  collector. — The  Tax  Collector 
shall  give  the  purchaser  at  tax  sales  a deed  in  substance  as  fol- 
lows:— 

The  State  of  Alabama  ) 

County  and  City  of  Tuscaloosa,  j Know  all  men  by  these  pres- 
ents, that  I, as  Tax  Collector  of  the  city  of  Tuscaloosa,  do 

hereby  certify,  that  the  city  taxes  for  the  year  18  , (or  the 

particular  tax  as  the  case  may  be),  being  due  and  unpaid  on  a 
lot  of  land  in  said  city,  numbered  in  the  plan  thereof  as  lot  num- 
ber (or  the  East  or  West  part  of  lot  number  , as  the  case 
may  be),  assessed  for  taxes  as  the  property  of (or  the  own- 

er unknown),  I have  this  day  sold  the  same  (or  such  part  as  he 

may  sell),  to , who  has  paid  the  taxes  and  dues  thereon 

amounting  to dollars,  including  fee  of  two  dollars  for 

advertising  sale  and  making  this  deed,  and  for  and  in  considera- 
tion of  the  premises,  and  the  said  sum  of dollars,  to  me  in 

hand  paid,  the  receipt  whereof  is  hereby  acknowledged,  I do 
bargain,  sell,  and  convey,  as  Tax  Collector,  and  by  these  pres- 
ents have  bargained,  sold,  and  conveyed,  to  the  said , the 

purchaser,  the  lot  or  lots  above  described,  together  with  all  its 
appurtenances,  to  have  and  to  hold  the  same  unto  him  and  his 
heirs  and  assigns  forever,  unless  within  two  years  from  the  date 
thereof,  the  owner  or  some  person  interested  in  said  lot,  or  his 
agent  or  attorney,  shall  redeem  the  same. 

In  witness  whereof,  I hereunto  set  my  hand  and  the  seal  of 
the  said  corporation,  this  the  day  of  188 

City  Tax  Collector. 


88 


CIVIL  CODE. 


Sec.  138.  Deeds  recorded  by  Secretary. — The  Mayor  shall 
cause  the  Secretary  of  the  corporation  to  record  each  of  said 
deeds  in  a well  bound  book  to  be  kept  for  such  purpose,  and  to 
affix  the  seal  of  the  City  of  Tuscaloosa  thereto;  the  fee  of  the 
said  Secretary  for  such  work  shall  be  fifty  cents,  to  be  paid  by 
the  owner  of  the  deed. 

Sec.  139.  Deeds  recorded  in  probate  office. — The  purchas- 
er of  any  lot  of  land  situate  in  the  City  of  Tuscaloosa,  and  sold 
at  any  tax  sale  by  the  Tax  Collector  thereof,  is  required  to  have 
such  deed  acknowledged  and  recorded  in  the  office  of  the  pro- 
bate judge  in  said  county  within  six  months  after  the  making 
thereof. 

Sec.  140.  Deeds prima  facie  evidence  in  suit . — In  any 
suit  or  action  in  law  or  equity  in  this  State,  concerning  the  title, 
or  the  possession  of  any  lot  of  land  situate  in  this  city,  sold  at 
any  tax  sale  by  the  Tax  Collector  thereof,  the  deed  made  to  the 
purchaser  of  said  lot,  in  substantial  compliance  with  the  require- 
ments of  this  Code,  shall  be  by  said  court  having  jurisdiction  of 
the  cause,  received  as  prima  facie  evidence  of  a good  and  suffi- 
cient title,  in  law  or  equity,  to  the  lot  or  lots  of  land  conveyed  in 
said  deed  to  the  purchaser  or  claimants  under  them. 

Sec.  141.  Ilow  real  estate  thus  sold  may  be  redeemed. — 
Any  lots  of  land  or  real  estate  which  have  been  or  may  be  sold 
for  taxes  in  the  city  of  Tuscaloosa,  may  be  redeemed  within  two 
years  from  the  day  of  sale,  by  any  person  interested  therein, who 
will  deposit  with  the  city  Treasurer,  for  the  use  of  the  purchas- 
er, the  amount  of  purchase  money  including  all  costs  of  adver- 
tising, selling,  making  deed,  and  recording  the  same  by  Secre- 
tary of  Board  and  Probate  Judge,  with  twenty  per  cent,  peran- 
num  interest,  together  with  all  taxes  which  may  be  due  to  the 
city  on  said  property,  and  upon  such  deposit,  if  made  within 
two  years  from  the  day  of  sale,  the  title  created  by  the  sale  and 
deed  to  purchaser  herein  before  provided  shall  cease  and  de- 
termine. 

Sec.  142.  Relinquishment  of  possession. — When  the  de- 
posit mentioned  in  the  preceding  section  is  made,  the  Secretary 
of  the  Board  shall  give  the  party  making  it  a certificate  thereof, 


CIVIL  CODE. 


89 


to  which  the  seal  of  the  corporation  shall  be  attached,  for  which 
said  Secretary  shall  receive  a fee  of  one  dollar;  and  upon  grant- 
ing said  certificate  the  purchaser  at  the  tax  sale,  and  claimants 
under  him,  shall  relinquish  possession,  and  if  after  demand,  any 
person  shall  fail  or  refuse  to  give  up  possession,  they  shall  be 
deemed  unlawful  detainers  of  said  property,  and  shall  be  liable 
as  such,  in  any  assessment,  action,  or  suit  therefor  at  the  instance 
of  any  one  entitled  to  the  possession  of  said  lot  of  land. 

Sec.  143.  Notice  to  purchaser . — The  Secretary  of  the  Board 
shall,  so  soon  as  said  deposit  is  made,  notify  the  purchaser,  and 
pay  over  to  him  the  purchase  money,  and  all  other  expenses 
about  said  sale  and  recording  said  deed,  with  the  twenty  per 
cent,  interest  thereon,  and  take  his  receipt  therefor. 

Sec.  144.  City  purchases  property  in  default  of  suM- 
cient  bid • — The  Mayor  or  City  Secretary  shall  attend  all  tax 
sales  of  real  estate  made  under  the  ordinances  of  the  city,  and  if 
the  amount  bid  by  other  person's  for  such  real  estate  is  not  suffi- 
cient to  pay  all  the  taxes  due  thereon,  with  all  costs  and  ex- 
penses of  sale,  the  Mayor  or  Secretary  shall  bid  off' the  same  in 
the  name  of  and  for  the  Mayor  and  Aldermen  of  the  City  of 
Tuscaloosa  as  purchaser;  and  the  Collector  shall  make  a deed  to 
said  Mayor  and  Aldermen  in  the  form  heretofore  prescribed, 
with  such  changes  therein  as  may  be  necessary  to  suit  the  facts. 
The  City  Marshal  shall  take  possession  of  all  real  estate  .so  pur- 
chased by  the  City,  and  if  any  person  shall  resist  or  molest  him 
in  the  discharge  of  said  duty,  such  person  shall  be  subject  to  a 
fine  of  not  less  than  twenty  dollars;  and  the  Marshal  is  author- 
ized to  call  on  the  Mayor  for  any  force  or  assistance  necessary 
to  take  and  keep  possession  of  said  property. 

Sec.  145.  Excess  of  sale  paid  to  owner. — Whenever  the 
proceeds  of  the  sale  of  any  property  for  taxes  amount  to  more 
than  the  taxes  and  other  charges  due,  the  Collector  must  pay 
the  excess  to  the  owner,  and  if  the  owner  is  unknown  he  must 
pay  such  excess  to  the  Treasurer  and  take  his  receipt  therefor. 

Sec.  146.  Report  of  Collector. — The  Collector  shall  make 
report  of  his  collections  to  each  regular  meeting  of  the  Board, 


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CIVIL  CODE. 


with  the  date  of  collection,  the  names  of  the  persons  from  whom 
collected,  the  amounts  from  each,  and  on  what  account  collect- 
ed, and  the  amounts  and  dates  of  his  payments  to  the  City  Treas- 
urer, which  reports  shall  be  filed  and  recorded  by  the  City  Sec- 
retary. 

Sec.  147.  May  sell  for  past  taxes . — When  any  tax  payer 
has  heretofore  failed,  or  shall  hereafter  fail  to  pay  his  taxes,  and 
when  the  Tax  Collector  shall  fail,  or  has  failed  to  sell  the  prop- 
erty of  such  delinquent  tax  payer  within  the  time  limited,  it 
shall  be  lawful  for  such  Collector,  or  any  subsequent  Collector, 
at  any  time  thereafter,  to  sell  the  property  of  such  delinquent 
tax  payer,  after  having  given  the  notice  required  by  the  laws  of 
the  city.  Provided , that  nothing  herein  contained  shall  have 
the  effect  to  release  any  Tax  Collector  and  the  sureties  on  his 
bond  from  liability  for  not  having  sold  the  property  in  proper 
time;  and  provided  further , that  if  the  Tax  Collector  shall  have 
paid  such  delinquent  taxes,  the  power  of  sale  herein  granted 
shall  not  exist  or  be  exercised. 


Civil.  CODE. 


91 


CHAPTER  XII. 

THE  TREASURER. 

Section. 

148.  Receives  money  and  receipts  therefor. 

149.  General  duties. 

150.  Manner  of  keeping  books. 

151.  Yearly  statement. 

Sec.  148.  Receives  money  and  receipts  therefor . — The 
Treasurer  shall  receive  from  the  Tax  Collector  of  the  city,  and 
all  the  officers  of  the  city,  all  the  moneys  belonging  to  the  city, 
and  give  to  each  one  a receipt  therefor  specifying  on  what  ac- 
count it  is  paid  him,  and  safely  keep  the  same  until  he  ’pays  it 
out  as  hereinafter  directed. 

Sec.  149.  General  duties. — The  Treasurer  shall  pay  all 
drafts  signed  by  the  Mayor  and  Secretary,  and  no  others;  he 
shall  receive  and  safely  keep  the  valuable  books  and  papers  be- 
longing to  the  corporation;  he  shall  present  a balance  sheet, with 
vouchers,  to  the  Board,  at  every  monthly  meeting;  and  he  shall 
keep,  in  durable  books,  correct  and  clear  accounts  of  all  moneys 
received  or  disbursed  by  him,  which  shall  belong  to  the  city, 
and  always  be  subject  to  examination  by  the  finance  committee. 

Sec.  150.  Manner  of  keeping  books. — He  shall  keep  the 
account  of  moneys  received  under  the  following  heads: — licenses, 
taxes,  street  tax,  fine;. school  fund,  and  other  sources,  and  shall 
require  the  officer  depositing,  to  specify  every  deposit  according 
to  these  items. 

Sec.  15 1.  Yearly  statement. — At  the  end  of  each  fiscal 
year  the  Treasurer  shall  furnish  the  Board  with  an  annual  state- 
ment of  the  year’s  business  and  transactions. 


92 


CIVIL  CODE. 


CHAPTER  XIII. 

THE  CITY  ENGINEER. 

Section. 

152.  IIow  and  when  elected. 

153.  His  qualifications. 

154.  His  office,  where  kept. 

155.  Has  charge  and  supervision  of  streets,  lanes,  alleys,  etc. 

156.  His  powers  and  duties. 

Sec.  152.  How  and  when  elected. — The  Mayor  and  Aider- 
men,  shall,  when  necessary,  elect  a City  Engineer,  who  shall 
hold  his  office  till  the  next  election  of  Mayor  and  Aldermen, and 
until  his  successor  is  elected  and  qualified. 

Sec.  153.  His  qualifications- — No  person  is  eligible  to  and 
shall  be  elected  to  till  the  office  of  City  Engineer,  who  does  not 
present  satisfactory  evidence  that  he  has  studied  and  understands 
civil  engineering  as  a science,  and  is  practically  acquainted  with 
its  details. 

Sec.  154.  His  oiRce , where  kept.—^lz  shall  keep  his  office 
in  the  municipal  building,  or  such  other  place  as  the  Board  may 
procure  for  him,  and  shall  keep  it  open  during  business  hours, 
unless  absent  on  the  business  of  his  office. 

Sec.  155.  Has  charge  and  supervision  of  streets  planes, 
alleys , etc. — He,  subject  to  the  direction  and  control  of  the 
street  committee,  shall  have  under  his  charge  and  supervision  all 
the  streets,  pavements,  sidewalks,  all  the  lanes  and  alleys,  all  the 
sewers,  culverts,  ditches,  drains,  and  gutters  in  the  city,  now  es- 
tablished as  public. 

Sec.  156.  His  powers  and  duties- — He  shall  have  the  follow- 
ing powers  and  perform  the  following  duties  as  such  engineer: 

1.  He  shall  make  a full  and  accurate  survey  of  the  city,  and 
in  doing  so  he  shall  make  out  and  define  each  of  the  public  streets, 
lanes,  alleys,  pavements,  and  sidewalks,  giving  the  width  and 
direction  of  each. 


CIVIL,  CODE. 


93 


2.  He  shall  ascertain  the  ascent  and  descent  of  each  of  them. 

3.  He  shall  ascertain  the  highest  point  in  each  of  them,  and 

shall  ascertain  how  many  points  there  are  in  each  of  them,  from 
which  water  will  flow  in  different  directions,  and  in  what  di- 
rection it  flows. 

4.  He  shall  ascertain  and  fix  the  place  of  all  the  sewers, 

ditches,  drains,  or  gutters  necessary  to  carry  oft'  all  the  surface 

water,  and  the  width,  depth,  and  grade  of  each  of  them. 

5.  He  shall  mark  out  each  natural  water  course,  give  its  di- 
rection, width,  depth,  and  grade,  and  show  whether  or  not  it  is 
sufficient  to  carry  off' all  the  water. 

6.  He  shall,  with  the  concurrence  of  the  street  committee, 
survey,  define,  and  mark  out  such  new  streets  as  public  good 
may  seem  to  require;  and  in  all  cases  where  the  owner  or  own- 
ers will  give  the  land  necessary,  he  shall,  with  their  concurrence, 
establish  as  public  the  streets  so  marked  out  by  him. 

7.  On  the  application  of  any  person  wishing  to  build  or  re- 
pair a house  on  the  street,  or  to  build  or  repair  a fence,  he  shall 
mark  out  for  them  the  line  of  the  street,  beyond  which  they  can- 
not go,  for  which  he  may  charge  them  two  cents  per  foot  of  the 
line  run  by  him. 

8.  When  he  shall  have  completed  the  work  above  required 
of  him,  he  shall  make  a full  and  complete  map  of  the  city, show- 
ing all  the  above  facts,  with  notes  so  copious  as  to  enable  the 
Mayor  and  Aldermen  to  understand  his  map,  which  map  and 
notes  he  shall  report  to  them  for  their  approval,  which,  when 
approved,  shall  be  the  property  of  the  city,  and  form  part  of  its 
public  muniments  and  records,  which  shall  be  binding  on  all  the 
citizens  of  the  city. 

9.  On  the  application  of  any  person  wishing  to  build  a pave- 
ment, or  to  repair  an  old  one,  he  shall  mark  out  such  pavement, 
and  give  such  person  the  proper  grade  and  width. 

10.  When  it  is  proposed  by  the  Mayor  and  Aldermen  to  open 
a new  street,  or  to  extend  or  widen  an  old  one,  he  shall  make  a 


94 


CIVII.  CODE. 


survey  of  such  proposed  new  street,  or  extending  or  widening 
an  old  one,  and  make  a map  of  it,  giving  length,  width,  direc- 
tion and  grade,  and  if  such  new  street  is  established,  or  old  one 
extended  or  widened,  he  shall  mark  the  same  on  the  general  map 
of  the  city. 

11.  He  shall  examine  the  main  sewer  of  the  city,  leading  from 
South  to  North,  and  decide  if  the  grade  thereof  be  sufficient, and 
if  not,  what  the  grade  should  be  to  carry  off  all  the  surface  water. 

12.  He  shall  make  all  plans,  specifications  and  estimates  for  all 
the  bridges  in  the  city,  or  any  other  and  all  public  works  of  the 
city. 

13.  He  shall  report  to  the  Mayor  all  houses,  walls, buildings, or 
any  other  structure,  which  are  liable  to  fall  and  injure  any  person 

14.  On  the  request  of  any  person  he  shall  survey  any  lot  or 
land  in  the  city,  and  give  a plat  thereof,  for  which  he  shall  be 
entitled  to  charge  the  same  fees  as  are  allowed  the  county  sur- 
veyor for  like  services. 


CIVIL  CODE. 


95 


CHAPTER  XIV. 

THE  CITY  SEXTON  AND  CEMETERIES. 

Section. 

157.  Evergreen  cemetery  and  new  graveyard. 

158.  No  interment  in  any  other  place. 

159.  Graves  four  feet  deep. 

160.  No  interment  at  night  without  written  permission. 

161.  General  duties  of  Sexton. 

* 

162.  Has  charge  of  lots. 

163.  Keeps  register  and  requires  certificate  of  person  buried. 

164.  Burial  of  paupers. 

165.  Digging  graves  and  opening  tombs. 

166.  Fines  of  physician  or  Sexton. 

167.  Neglect  of  duty  by  Sexton. 

168.  Begulations  as  to  lots. 

169.  Price  of  lots. 

Sec.  157.  Evergreen  cemetery , and  new  graveyard. — That 
the  lot  of  land,  and  fence  and  gates  around  it,  known  as  Ever- 
green Cemetery,  and  the  lot  of  land,  east  of  the  city  limits, 
known  as  thn  New  Graveyard,  be  established  as  the  cemeteries 
of  the  city. 

Sec.  158.  No  interment  in  any  other  place. — No  interment 
of  any  person  shall  be  made  in  any  other  place  within  said  city 
limits  than  in  the  places  named. 

Sec.  159.  Graves  four  feet  deep. — No  grave,  dug  within 
said  cemeteries,  shall  be  less  than  four  feet  deep. 

Sec.  160.  No  interment  at  night. — No  interment  of  the 
dead  shall  be  made  in  the  city  after  the  going  down  of  the  sun, 
and  before  the  rising  thereof,  without  written  permission  from 
the  Mayor,  specifying  the  reasons  therefor. 

Sec.  161.  General  duties  of  Sexton. — The  Sexton  shad 
have  charge  of  all  the  grounds,  walks,  dnives,  fences,  gates, 
shrubbery,  flowers, ornaments,  graves,  tombs,  tombstones,  monu- 


96 


CIVIL  CODE. 


ments,  and  other  property  pertaining  to  the  city  cemeteries; 
present  trespasses  thereon,  and  all  intrusions  upon  its  lots  and 
squares;  report  any  repairs,  he  may  deem  necessary,  to  the  pub- 
lic grounds  and  building  committee,  and  superintend  all  work 
authorized  to  be  done  in  the  cemeteries. 

Sec.  162.  Has  charge  of  lots • — He  shall  collect  and  pay 
over  to  the  Treasurer,  all  moneys  in  payment  for  lots  designate 
the  lots  in  such  manner  as  to  secure  them  to  the  person  pur. 
chasing;  and  report  to  the  Mayor  whenever  any  lot  or  lots  have 
been  purchased,  with  the  name  of  the  purchaser,  and  the  number 
of  the  lot. 

Sec.  Keeps  register  and  requires  certificate  of  person 
buried • — He  shall  keep  a register, of  all  deaths  in  the  city,  and 
all  burials  in  the  cemeteries,  giving  the  name,  age,  sex,  color, 
place  of  birth,  residence,  and  date  of  burial  of  each,  and  he  shall 
require  a certificate  from  the  attending  physician,  if  any.  and  if 
none,  of  the  relatives  or  friends  of  any  deceased  person,  of  the 
cause  of  the  death  of  deceased,  before  interment.  In  case  of  vio- 
lence, he  shall  take  the  certificate  of  the  Coronor  in  lieu  of  that 
of  a physician,  and  he  shall  furnish  the  Board  once  a month  a 
copy  of  such  register,  together  with  such  certificate's. 

Sec.  164.  Burial  of  paupers. — If  any  person  should  die  in 
the  city  without  friends  or  means  to  pay  the  expenses  of  his 
burial,  the  Sexton  shall  have  him  buried  at  the  expense  of  the 
city,  and  report  that  fact  to  the  Board  at  its  next  meeting. 

Sec.  165.  Digging  graves  and  opening  tombs. — He  shall 
attend  to  the  digging  of  all  graves,  depositing  the  dead  therein, 
and  filling  them  up;  and  shall  attend  to  the  opening  of  all  tombs 
and  vaults,  depositing  the  dead  therein,  and  closing  them  up. 

Sec.  166.  Fines  of  physician  or  Sexton. — A fine  of  ten 
dollars  shall  be  imposed  on  any  physician,  coronor,  relative,  or 
friend  refusing  to  give  the  required  certificate,  and  a like  fine 
shall  be  imposed  on  the  Sexton  for  burying  an)'  person  without 
such  certificate. 

Sec.  167.  Neglect  of  duty  by  Sexton. — Should  the  Sexton 
neglect  or  refuse  to  dig  or  fill  up  a grave,  or  improperly  treat 


CIVIL  CODE. 


97 


any  dead  body,  or  otherwise  fail  or  refuse  to  attend  to  his  duties 
he  shall  be  fined  ten  dollars  by  the  Mayor,  and  dismissed  from 
office  by  the  Board. 

Sec.  168.  Regulations  as  to  lots • — No  person  shall  enclose 
any  lot,  or  parcel  of  ground  in  the  old  part  of  Evergreen  Ceme- 
tery, except  by  permission  of  the  Board,  nor  in  the  rear  part  of 
such  cemetery,  unless  such  person  shall  have  purchased  from  the 
Board  such  lot  or  parcel  of  ground. 

Sec.  169.  Price  of  lots. — The  prices  of  lots,  in  the  new 
burying  ground,  shall  be  as  follows:- — For  lots  running  north  and 
south  up  to  Nos.  41,  47,  and  54,  fifteen  dollars  each,  and  the  re- 
mainder south,  at  ten  dollars  each,  and  the  fractions  at  five  dol- 
lars each;  but  these  prices  my  be  at  any  time  changed  by  the 


CHAPTER  XV. 

THE  CITY  ATTORNEY. 

Section. 

170.  Legal  adviser  of  corporation. 

171.  Prosecute  violators  of  the  law,  on  notice. 

172.  Written  opinions. 

173.  Defends  officer  of  city. 

Sec.  170.  Legal  adviser  of  corporation. — The  city  attor- 
ney shall  be  the  confidential  legal  adviser  of  all  persons  charged 
with  the;  making  and  administration  of  the  laws  and  ordinances 
of  the  city,  and  of  all  persons  engaged  in  the  management  of  the 
business  of  the  city. 

Sec.  1 7 1 . Prosecute  violators  of  the  law  on  notice . — He 
shall,  on  notice,  appear  and  prosecute  all  persons  arrested  for 
the  violation  of  any  municipal  law  or  ordinance. 

Sec.  173.  Written  opinions. — When  requested,  he  shall 
give  written  opinions,  upon  all  questions  of  law  that  may  be 
submitted  to  him  by  the  Board  of  Mayor  and  Aldermen,  or  by 
their  direction. 

Sec.  173.  Defends  officer  of  city . — Upon  the  written  re- 
quest of  the  Mayor,  or  of  the  Mayor  and  Aldermen,  he  shall 
defend  any  officer  of  the  city  who  may  be  sued  or  prosecuted  for 
any  act  done  by  him  in  the  discharge  of  his  duties  as  such  officer, 
and  shall  perform  the  other  legal  duties  of  the  city. 


98 


CIVIL  CODE. 


CHAPTER  XVI. 

TAXATION  AND  LICENSES. 

Section. 

174.  Persons  and  property  exempt  from  taxation. 

175.  Street  tax. 

176.  Amount  of  tax  on  real  and  personal  property. 

177.  Tax  for  school  purposes. 

178.  Property  to  be  assessed  at  its  cash  value. 

179.  By  whom  property  given  in  to  assessor. 

180.  To  whom  assessed,  and  when. 

181.  Tax  year,  commencement  and  end. 

182.  Taxes  force  and  effect  of  judgment. 

183.  Tax  payer  must  give  a list  and  what  it  shall  contain. 

184.  Penalties  on  certain  persons  for  not  giving  in  taxes. 

185.  Licenses,  who  shall  take  out. 

186.  Receipt,  and  form  of. 

187.  Who  shall  issue  license. 

188.  When  oath  made  before  Collector. 

189.  No  license  transferable. 

190.  Limited  to  use  of  party  licensed. 

191.  Expiration  of  licenses,  etc. 

192.  Who  must  take  out  license,  and  amount  therefor. 

Sec.  174.  Persons  and  property  exempt  from  taxation . — 
All  persons  and  property  which  are  now  or  may  be  hereafter  de- 
clared to  be  exempt  from  taxation  under  the  laws  of  the  State 
of  Alabama,  are  exempt  from  taxation  under  the  provisions  of 
this  Code.  The  Board  of  Mayor  and  Aldermen  have  power 
and  authority  to  exempt  from  taxation  industrial  and  other  manu- 
factories and  enterprises,  which  may  be  erected  and  commence 
operation  within  the  corporate  limits  of  this  city. 

Sec.  17c;.  Street  tax . — There  shall  be  annually  assessed  up- 
on and  collected  from  every  male  inhabitant  of  the  city  between 
the  ages  of  eighteen  and  forty-five,  not  exempt  from  taxation  by 
the  laws  of  the  State,  such  sum,  not  exceeding  five  dollars,  as 


CIVIL  CODE. 


99 


the  Board  shall  determine,  as  a street  tax.  Provided , that  any 
person  liable  for  such  street  tax,  may  relieve  himself  of  the  same 
by  working  the  streets  of  the  city  for  ten  days,  under  the  direc- 
tion and  control  of  the  street  overseer. 

Sec.  176.  Amount  of  tax  on  real  and  personal  property . — 
There  shall  levied,  assessed,  and  collected  an  annual  tax  of  such 
per  centum  as  the  Board  may  determine  for  each  year,  not  to 
exceed  one  half  of  on e per  centum , on  the  value  of  all  real  and 
personal  estate  and  property  within  the  city,  except  such  as  is 
exempt  kom  taxation. 

Sec.  177.  Tax  for  school  purposes. — There  shall  be  levied, 
assessed,  and  collected  an  annual  tax  of  such  per  centum  as  the 
Board  may  determine  for  each  year,  not  to  exceed  one  fourth  of 
on e per  centum , on  the  value  of  the  taxable  property  of  the  city, 
for  school  purposes,  which  shall  be  kept  and  accounted  for  sep- 
arate and  distinct  from  the  other  funds  and  taxes  of  the  city . 

Sec.  178.  Property  to  be  assessed  at  its  cash  value. — All 
property,  real  and  personal,  shall  be  estimated  at  its  cash  value 
in  money,  according  to  the  best  judgment  that  the  Tax  Assessor 
of  the  city  can  form  by  information,  inspection,  or  otherwise. 

Sec.  179.  By  whom  property  given  in  to  assessor. — The 
property  of  every  ward  shall  be  listed  by  his  guardian;  or  every 
minor  child,  having  no  other  guardian,  by  his  father,  if  living;  if 
the  father  be  dead,  by  the  mother,  if  living;  if  the  mother  be 
dead  or  married,  by  the  person  having  it  in  charge;  of  the  wife? 
by  the  husband,  if  living  and  sane,  and  the  parties  are  living  to- 
gether; if  the  husband  be  dead,  or  insane,  or  is  not  living  with 
his  wife,  by  the  wife;  of  every  other  person  for  whose  benefit 
property  is  held  in  trust,  by  the  trustee;  of  every  deceased  per- 
son, by  the  executor  or  administrator;  of  those  whose  property 
or  assets  are  in  the  hands  of  receivers,  by  such  receivers;  of  every 
firm,  company,  body  politic  or  corporate,  bv  the  president,  prin- 
cipal accounting  officer,  or  manager,  partner  or  agent  thereof;  of 
all  persons  in  the  custody  of  any  public  officer,  by  such  public 
officer;  of  those  absent  or  unknown, by  their  agent  or  person  hav- 
ing it  in  charge;  of  insane  or  idiotic  persons  of  full  age,  by  their 


100 


CIVIL  CODE. 


guardians,  if  they  have  any;  if  they  have  no  guardians,  by  the 
person  having  it  in  charge,  of  lessees  of  real  property,  by  such 
lessees.  All  persons  required  by  this  Code  to  list  property  for 
others  shall  list  it  separately  from  their  own,  and  in  the  name  of 
the  owner  thereof,  but  shall  be  personally  responsible  for  the 
taxes  thereon  for  the  year  in  which  they  list  it,  and  may  retain 
so  much  thereof,  or  of  the  proceeds  of  the  sale  thereof,  in  their 
own  hands  as  will  be  sufficient  to  pay  such  taxes. 

Sec.  180.  To  whom  assessed , and  when. — All  real  and  per- 
sonal property  subject  to  taxation  by  the  laws  and  ordinances 
of  this  city,  shall  be  assessed  to  the  person  owning  or  having 
possession  of  the  same,  on  the  first  day  of  March  of  the  same 
year  in  which  the  assessment  is  made,  and  if  the  owner  of  real 
estate  is  unknown  it  is  to  be  assessed  as  belonging  to  persons  or 
owner  unknown.  All  property  mortgaged  or  pledged  is,  for 
the  purpose  of  taxation,  to  be  taken  as  the  property  of  the  per- 
son in  possession.  Commission  merchants  and  pawnbrokers 
shall  be  deemed  the  owners  of  all  property  in  their  possession 
for  the  purposes  of  taxation.  Partners  may  be  assessed  in  then- 
joint  names,  and  the  property  of  each  shall  be  liable  for  the 
whole  tax. 

Sec.  181.  Tax  yearj  commencement  and  end. — The  tax 
year  shall  commence  on  the  first  day  of  March  in  each  year,  and 
end  on  the  last  day  of  February  of  the  succeeding  year,  and, un- 
less otherwise  provided,  property  shall  be  given  in  by  and  as- 
sessed to  the  person  owning  or  having  the  same  in  possession 
on  the  first  day  of  March  of  the  year  for  which  the  assessment 
is  made,  and  shall  be  assessed  at  its  cash  value  on  that  day.  The 
lien  for  taxes  shall  attach  on  the  first  day  of  March  to  all  the 
property  then  owned  by  the  tax  payer,  and  on  property  other 
than  real  estate  which  he  may  acquire  during  the  year  as  soon 
as  the  same  shall  be  acquired. 

Sec.  182.  Taxes  force  and  eifect  of  judgment. — All  the 
taxes  levied  by  the  Mayor  and  Aldermen  of  this  city  shall  have 
the  force  and  effect  of  a judgment  at  law  against  the  individual 
so  assessed,  and  against  the  real  estate  assessed  to  all  “owners 
unknown,”  and  the  lien  of  said  judgment  shall  be  of  the  same 


Civil.  CODE. 


101 


force  and  effect  as  if  it  had  been  recovered  in  the  circuit  court  of 
the  County  of  Tuscaloosa.  Provided , that  no  property  shall 
be  exempt  from  sale  to  pay  said  taxes  so  assessed  in  this  city. 

Sec.  183.  Tax  payer  must  give  a list  and  yohat  it  shall 
contain. — That  every  person  of  full  age  and  sound  mind,  and 
every  firm,  association,  body  politic  or  corporate,  shall  in  each 
year,  within  the  time  hereinafter  designated,  render  to  the  As- 
sessor a correct  description  and  complete  list  of  all  the  real  and 
personal  property  in  said  city  not  exempt  from  taxation, of  which 
he  is  the  owner  or  holder,  and  of  all  the  other  items  upon  which 
he  is  liable  to  be  taxed,  individually  or  as  guardian,  parent,  hus- 
band, trustee,  executor,  administrator,  receiver,  accounting  offi- 
cer, partner,  agent  or  factor,  and  also  all  moneys  or  credits  held 
as  aforesaid.  Said  list  shall  embrace  and  set  forth: 

1.  An  accurate  description  of  each  parcel  or  lot  of  land,  its 
quantity,  whether  improved  or  unimproved, and  the  value  of  such 
lot  or  parcel. 

2.  The  gross  amount  of  all  stocks  of  goods,  wares  and  mer- 
chandise, drugs,  jewelry,  groceries  or  commodities  of  any  kind 
on  hand  and  kept  or  held  for  sale,  to  be  assessed  upon  not  less 
than  the  largest  amount  on  hand  at  any  one  time  during  the  pre- 
ceding tax  year.  Provided, , That  any  goods,  wares,  merchan- 
dise, drugs,  jewelry,  groceries  or  commodities  of  any  kind  offer- 
ed for  sale  by  any  dealers,  transient  or  permanent,  commenc- 
ing business  subsequent  to  the  first  day  of  May  of  the  year 
in  which  the  assessment  is  made,  shall  become  at  once  liable  to 
the  tax,  and  must  be  estimated  upon  the  maximum  amount  there- 
of. But  if  such  dealer  or  person  shall  continue  in  business  dur- 
ing the  succeeding  tax  year,  he  shall  not  be  required  to  pay  a tax 
during  such  succeeding  tax  year,  upon  the  stock  of  goods  which 
was  assessed  and  which  he  payed  tax  on  the  preceding  year,  but 
only  on  the  gross  amount  of  stock  required  by  him  after  such 
former  assessment  and  before  the  commencement  of  the  suc- 
ceeding tax  year. 

3.  The  number  each  of  cattle,  mules,  horses,  sheep,  goats 
and  hogs  over  six  months  old,  and  their  value. 

4.  Every  wagon,  carriage  and  other  vehicle,  and  their  value. 


102 


CIVII.  CODE. 


5.  All  tools  and  implements  of  whatever  description,  and 
their  value. 

6.  All  household  furniture  and  its  value. 

7.  All  libraries  not  exempt  by  law  and  their  value. 

8.  All  jewelry,  plate  and  silverware,  ornaments  and  articles 
of  taste,  pianos  and  other  musical  instruments,  and  paintings  ex- 
cept family  portraits,  and  their  value. 

9.  All  pistols  and  guns,  bowie  knives  and  dirks,  and  their 
value. 

10.  All  cotton  gins  and  cotton  presses,  and  their  value. 

11.  All  studs,  jacks,  jennies  and  race  horses,  and  their  value. 

12.  All  gold  and  silver  watches,  and  gold  safety  chains,  and 
their  value. 

13.  All  money  hoarded,  or  kept  on  deposit,  subject  to  order^ 
either  in  or  out  of  the  State,  except  funds  held  subject  to  drafts 
in  the  prosecution  of  a regular  exchange  business, 

14*  All  money  loaned  and  solvent  credits,  from  which  credits 
the  indebtedness  of  the  tax  payer  shall  be  deducted,  and  the  ex- 
cess only  shall  be  taxed. 

15.  All  money  employed  in  buying  or  trading  in  paper,  or  in 
regular  exchange  business,  or  invested  in  paper,  whether  by 
individuals  or  corporations,  except  where  the  money  so  em- 
ployed or  invested  is  otherwise  taxed  as  capital. 

16.  All  shares  of  stock  in  any  incorporated  company,  includ- 
ing herein  shares  in  national  banks  incorporated  or  organized 
under  the  laws  of  the  United  States,  and  their  value. 

17.  All  investments  in  bonds,  except  bonds  of  the  United 
States,  and  this  State,  and  of  this  city. 

18.  All  other  property,  real  or  personal,  not  otherwise  speci- 
fied herein  or  exempt  by  law  from  taxation,  and  its  value. 

19.  The  gross  amount  of  premiums  received  by  insurance 
companies  or  insurance  agents  during  the  year  preceding  the 
assessment. 

20.  The  gross  receipts  during  such  preceding  year  of  all  cot- 
ton presses  or  cotton  gins,  and  from  the  storage  of  merchandise 
or  produce. 


CIVIL  CODE. 


103 


21.  The  gross  receipts  during  such  preceding  year  of  lotter- 
ies and  gift  enterprises. 

22.  The  gross  receipts  during  such  preceding  year  of  express 
and  telegraph  companies. 

23.  The  gross  receipts  during  such  preceding  year  of  all  dis- 
tilleries. 

Said  list  shall  also  set  forth  what,  if  any,  portion  of  the  real  or 
personal  estate  embraced  therein  is  situated  in  those  parts  of  the 
city  which  have  been  brought  within  the  limits  of  the  corpora- 
tion since  the  year  i860. 

Sec.  184.  Penalties  on  certain  persons  for  not  giving  in 
taxes . — All  managers  and  agents  of  insurance,  express,  and  tele- 
graph companies  shall,  within  the  time  hereafter  designated  for 
the  delivery  of  lists  by  tax  payers  to  the  Assessor,  render  to  the 
Assessor  a full  and  true  statement,  under  oath,  of  the  gross  re- 
ceipts of  their  respective  offices  or  agencies  for  the  year  ending 
on  the  thirty-first  day  of  December  preceding  the  assessment, 
and  the  agents  of  such  companies  shall  pay  the  tax  thereon  to'  the 
Collector,  and  retain  the  amount  out  of  any  money  in  their  pos- 
session belonging  to  the  company.  And  when  any  such  com- 
pany, manager  or  agent  shall  fail  or  refuse  to  make  and  render 
such  statement,  within  the  time  prescribed,  the  Assessor  shall 
proceed  to  estimate  upon  the  best  information  he  can  obtain,  the 
gross  receipts  of  such  company,  office,  or  agency,  during  such 
preceding  year,  and  add  thereto  one  hundred  per  centum,  and 
the  tax  shall  be  assessed  on  the  total  amount  thus  ascertained. 
In  case  of  the  failure  or  refusal  of  such  manager  or  agent  to  ren- 
der such  statement  after  demand  made  by  the  Assessor,  the 
Assessor  may  renew  the  demand  as  often  as  he  may  choose, and 
for  each  successive  refusal  or  failure  to  render  such  statement, 
such  manager  or  agent  shall  be  liable  to  a penalty  of  fifty  dollars. 
And  the  Mayor,  may  on  conviction  of  such  manager  or  agent, 
also  forfeit  and  annul  the  license  of  such  company  or  agent. 

Sec.  185.  Licenses:  who  shall  take  out . — Any  person, firm, 
company,  or  corporation  who  desires  to  engage  in  or  carry  on 
any  profession,  trade  or  business,  or  to  keep  any  establishment, 
or  to  do  any  act,  for  engaging  in,  carrying  oh  keeping  or  doing 


104 


C1VII.  CODE. 


which  a license  is  required  by  the  ordinances  of  the  city,  shall 
make  application  to  the  City  Collector  for  license  within  the 
time  prescribed  by  law,  and  shall  make  oath  before  such  Col- 
lector when  the  same  is  required  by  any  law  of  the  city,  and 
shall  pay  to  the  City  Collector  the  amount  required  by  law  for 
such  license. 

Sec.  186.  Receipt*  and  form  of. — Upon  such  payment  be- 
ing made,  the  Collector  shall  give  his  receipt  to  the  applicant  for 
the  amount  paid  for  such  license,  which  may  be  in  the  follow- 
ing form: — 

No  . City  Collector’s  Office. 

, ,18 

To  the  Secretary  of  the  Board  of  Mayor  and  Aldermen  of  the 
City  of  Tuscaloosa: — 

Sir: has  paid  to  the  City  Collector dollars  for  li- 

cense (here  state  the  nature  of  the  business  or  occupation,  and 
the  length  of  time  for  which  the  license  is  required  and  the 
place  where  such  business  is  to  be  carried  on),  you  will  there- 
fore issue  a license  accordingly. 

City  Collector. 

Sec.  187.  Who  must  issue  license. — Upon  presentation  and 
surrender  of  the  receipt  to  the  City  Secretary,  he  must  issue  the 
license  which  shall  set  forth  the  name  of  the  person,  firm,  com- 
pany, or  corporation,  the  business  or  profession  to  be  carried 
on,  or  establishment  to  be  kept,  or  act  to  be  done,  and  the  time 
for  which  license  is  to  continue:  and  the  Secretary  shall  be  en- 
entitled  to  a fee  of  one  dollar  for  issuing  such  license,  to  be  paid 
by  the  person  applying  for  the  same. 

Sec.  188.  When  oath  made  before  collector. — In  all  cases 
where  the  amount  to  be  paid  for  a license  depend  upon  the 
amount  of  capital  invested,  or  sales  made,  or  business  done,  or 
value  of  goods  or  stock,  it  shall  be  the  duty  of  the  person  apply- 
ing for  such  license  to  render  to  the  Collector  a sworn  statement 
of  the  amount  of  such  capital,  or  sales,  or  business,  or  the  value 
of  such  goods  or  stock,  which  oath  may  be  made  before  the 
Collector. 


CIVIL  CODE. 


105 


Sec.  189.  No  license  transferable. — No  license  shall  be 
transferable,  except  upon  application  to  the  Board  of  Mayor  and 
Aldermen:  nor  shall  it  entitle  the  holder  thereof  to  carry  on  any 
business  or  profession,  or  to  do  any  other  act  than  that  therein 
specified.  The  several  members  of  a partnership  shall  be  treat- 
ed as  but  one  person  in  obtaining  a license,  if  the  same  is  obtain- 
ed in  the  name  of  the  firm. 

Sec.  190.  Limited  to  use  of  party  license . — No  person  li- 
censed as  provided  by  the  ordinances  of  this  city  to  do  any  busi- 
ness, or  carry  on  any  trade  or  establishment,  or  to  do  any  act  in 
this  city,  shall  at  any  time  allow  any  other  to  use  his  license  for 
the  purpose  of  carrying  on  any  business,  trade  or  establishment, 
or  of  doing  any  act  whatever;  but  such  license  shall  be  restrict- 
ed exclusively  to  the  use  and  benefit  of  the  party  or  parties 
named  therein,  and  his  or  their  employees  or  clerks,  doing  busi- 
ness for  him  or  them.  For  any  violation  of  the  provisions  of 
this  section,  the  Mayor  shall  cause  the  license  of  the  party  so 
offending  to  be  forfeited  and  annulled. 

Sec.  191.  Expiration  of  licenses,  etc. — Except  where  oth- 
erwise provided  herein,  all  licenses  shall  expire  on  the  31st  day  of 
December  of  each  year,  and  all  licenses  are  to  be  taken  out  on  or 
before  the  1st  day  of  January,  for  the  whole  year;  but  when  a 
license  is  not  taken  out  until  or  after  the  first  day  of  July  in  any 
year,  only  half  the  annual  license  fee  shall  be  required  of  such 
person  for  that  year.  All  licenses  issued  for  one  month  shall  ex- 
pire on  the  thirty-first  day  of  such  month.  All  licenses  issued 
for  one  week  shall  expire  on  the  Saturday  night  succeeding  their 
date,  at  twelve  o’clock.  All  licenses  issued  for  one  day  shall  ex- 
pire at  twelve  o’clock  on  the  night  of  their  issuance. 

Sec.  192.  Who  must  take  out  license , and  amount  there- 
for.— All  persons  engaged  in  any  trade,  business,  or  profession, 
or  keeping  or  carrying  on  any  establishment,  or  other  thing,  or 
doing  any  act  in  this  section  specified,  shall  pay  for  license  there- 
for as  follows: — 


CIVIL  CODE. 


106 


1.  For  retailing  spirituous,  vinous,  and  malt  liquors,  - - $ 300  00 

2.  For  retailing  spirituous,  vinous, and  malt  liquors  at  drugstore,  200  00 

3.  For  retailing  malt  liquors  only,  - - - 100  00 

4.  For  wholesale  dealers  in  spirituous, vinous, and  malt  liquors,  100  00 


No  person  shall  deal  in,  or  expose  for  sale  any  spirituous,  vi- 
nous, or  malt  liquors,  in  this  City,  without  first  obtaining  a li- 
cense therefor.  Such  license  shall  be  granted  only  with  the 
consent  of  the  Board  of  Mayor  and  Aldermen,  after  first  obtain- 
ing license  from  the  State,  and  upon  the  payment  of  all  lawful 
charges. 

Any  person  who  shall  sell  or  dispose  of  spirituous,  vinous,  or 
malt  liquors,  in  any  quantity  less  than  one  quart  shall  be  deemed 
a retailer.  Any  person  who  shall  sell, or  dispose  of  such  liquors, in 
any  quantity  of  or  greater  than  one  quart,  shall  be  deemed  a 
wholesale  dealer,  and  if  such  liquors  are  drunk  on  or  about  his 
premises,  said  dealer  shall  be  liable  to  the  penalty  of  retailing 
without  license. 


5.  For  dealer  in  pistols,  bowie-knives,  and  shot  guns,  or  fire 

arms  and  knives  of  like  kind  and  description, 

6.  For  each  bagatelle  or  jenny  find  table,  - 

7.  For  each  pistol  or  shooting  gallery,  or  baby  range,  or  any 

game  of  amusement  of  like  kind  or  description,  per^year, 
per  month,  ------ 

8.  For  each  bow'ling  alley,  tenpin  alley,  or  alley  of  like  kind  or 

description,  per  year,  - 

per  month,  ------ 

9.  For  every  person  or  firm  dealing  in  selling  cotton,  or  other 

futures,  an  annual  license  of,  - 

10.  For  every  person  or  firm  engaged  in  the  business  of  cotton 

buyer  or  broker,  an  annual  license  of 

11.  For  each  teacher  of  dancing, 

12.  For  each  auctioneer,  ------ 

13.  For  skating  rink  or  person  who  hires  out  or  rents  skates 

14.  For  each  dealer  or  firm  dealing  in  wood  and  coal  or  either  of 

them,  - - - - - - > 

15.  For  each  person  or  firm  dealing  in  fertilizers  or  guanos  or 

phosphates  of  any  kind,  - 

16.  For  every  photograph  or  daguerrean  artist, 


$50 

00 

50 

00 

25 

00 

5 

00 

25 

00 

5 

00 

10 

00 

10 

00 

5 

00 

25 

00 

12 

00 

10 

00 

10 

00 

10 

00 

CIVIL  CODE.  107 

17.  For  each  person  or  firm  managing,  running,  or  owning  a fly- 

ing jenny,  or  any  show  of  like  kind  or  description,  for 
amusement, for  which  money  or  any  thing  of  value  is  charg- 
ed and  not  herein  otherwise  provided  for,  an  annual  li- 
cense of  - - - - - - - 12  00 

18.  For  each  warehouse  kept  for  storing  cotton,  or  other  articles 

or  goods,  - - - - -10  00 

19.  For  each  barber  shop,  - - - - 10  00 

20.  For  every,  theatre  or  public  hall,  kept  for  public  use,  for 

which  charge  is  made,  - - - 10  00 

21.  For  each  circus  or  menagerie,  per  day,  - 25  00 

22.  For  each  side  show,  accompanying  a circus  or  menagerie, 

per  day,  - - - - - 5 00 

23.  For  each  public  concertor  legerdemain  performance  for  which 

an  admission  fee  is  charged,  unless  it  be  for  a charitable 
purpose,  for  each  performance  or  concert,  - - 3 00 

24.  For  any  show  or  exhibition,  ball  or  entertainment,  for  which 

an  admission  fee  is  charged,  unless  it  be  for  a charitable 
purpose,  for  each  show,  or  entertainment,  - - 3 00 

25.  For  every  sewing  machine  company,  - - - 25  00 

26.  For  every  hotel  or  inn,  - - - - 10  00 

27.  For  every  restaurant,  eating  house,  or  ice  cream  saloon,  10  00 

28.  For  every  telephone  company  or  person  managing  the  same,  25  00 

29.  For  every  telegraph  company,  or  person  operating  the  same,  25  00 

30.  For  every  express  company,  or  person  acting  as  agent  for 

the  same,  - - - - - 25  00 

31.  For  every  insurance  company  or  agent  actingdor  the  same, 

for  each  company  he  represents,  - - - 5 00 

32.  For  every  merchandise  broker,  or  commission  merchant,  25  00 

33.  For  each  game  of  quoits,  marbles,  or  other  game  of  chance 

any  kind  or  description,  for  amusement,  from  which  profit 
or  revenue  is  derived,  per  month,  - - - 5 00 

per  annum,  - - - - - 12  00 

34.  For  all  peddlers  and  transient  dealers  in  goods,  wares,  or 

merchandise,  paints,  soaps,  or  patent  medicines,  candy 
or  other  goods,  or  commodity  of  value,  per  day,  - - 1 00 

per  week,  - - - - - 5 00 

All  persons  are  deemed  transient  dealers  who  do  not  remain 
and  do  business  in  said  city  twelve  months. 

35.  For  lightning  rod  agents,  each  person  or  firm,  per  day,  - 2 00 

per  annum,  - - - - - - 25  00 


108 


CIVIL  CODE. 


36.  For  dealers  in  clocks,  or  stoves,  or  agent  for  clock  or  stove 

company,  as  transient  dealers,  per  day,  - - 1 00 

per  week,  - - - - - - ~ 5 00 

per  year,  - - - - - - - 25  00 

37.  For  dealers  in  playing  cards,  annually,  - - - 5 00 

38.  For  pawnbroker,  or  pawnbroker  agents,  per  annum,  - - 25  00 

39.  For  livery  or  sale  stable,  per  annum,  - - - 50  00 


40.  For  any  person  or  firm  not  keeping  a livery  stable,  but  run- 
ning over  the  streets  of  Tuscaloosa,  and  receiving  pay  for 
carrying  passengers  or  freight,  any  vehicle,  carriage,  bug- 
gy, wagon,  stagecoach,  or  vehicle  of  like  kind,  shall  pay 
license  as  follows  : — For  each  carriage,  omnibus,  wagon, 
barouche,  rockaway,  or  other  passenger  vehicle  drawn  by 
two  horses.  10  00 

drawn  by  one  horse,  - - - - 5 00 

buggy,  - - - - - 10  00 

cart,  dray,  or  wagon,  two  horses,  - - 10  00 

“ “ “ one  horse,  - - - 5 00 

No  person  shall  charge  for  each  passenger  carried,  more  than 
twenty-five  cents,  for  a seat  in  any  vehicle,  to  any  part  of  the 
city,  in  the  day  time,  and  fifty  cents  in  the  night  time. 

The  hire  of  a carriage  or  buggy,  or  other  vehicle,  shall  not 
exceed  one  dollar  per  hour  for  the  first  hour  in  the<day  time, and 
seventy-five  cents  for  each  subsequent  hour,  nor  more  than  one 
dollar  and  fifty  cents  in  the  nighttime. 


Civile  CODE. 


109 


CHAPTER  XVII. 

QUARANTINE  AND  SANITARY  ORDINANCES. 

Section. 

193.  Inspector  of  lots,  cellars,  outhouses,  etc. 

194.  Nuisances  on  premises. 

195.  Quarantine  established. 

196.  Penalty  for  violating  quarantine. 

197.  Isolation  of  cases. 

198.  Trains  and  approaches  guarded. 

199.  Power  to  exclude  persons  or  goods. 

200.  Board  may  authorize  slaughter  houses. 

201.  Proceedings  to  declare  slaughter  house  nuisance. 

202.  Discontinuance  of  slaughter  house,  and  determination  of 

nuisance. 

Sec.  193.  Inspector  of  lots , cellars , outhouses , etc. — It 
shall  be  the  duty  of  the  Mayor  and  Aldermen,  to  appoint  at 
their  regular  meeting  in  May,  of  each  year,  an  inspector  of  lots, 
privies,  cellars,  and  cisterns,  whose  duty  it  shall  be  once  a month, 
for  six  months,  to  inspect  the  lots,  cellars  cisterns,  and  privies 
within  the  corporate  limits,  and  if  any  are  found  in  an  unwhole- 
some condition,  to  at  once  notify  the  owner  and  Marshal  of  the 
City.  The  compensation  of  said  inspector  shall  be  fixed  by  the 
Board. 

194.  Huisances  on  premises. — The  owner  or  occupant  of 
each  and  every  house,  cellar,  stable,  lot,  or  other  part  of  prem- 
ises within  the  corporation,  shall  keep  his  premises  clean  and 
free  from  filth,  and  all  matter  that  would  prove  offensive  or  be 
calculated  to  create  disease.  Whenever  the  existence  of  any 
such  nuisance  shall  come  to  the  knowledge  of  the  Marshal  he 
shall  notify  the  owner  or  occupant  of  the  premises  to  remove 
the  same  immediately;  and  in  case  he  does  not  do  so,  the  Mar- 
shal shall  report  the  same  to  the  Mayor,  and  the  Mayor  shall 
then,  or  whenever  complaint  is  made  to  him  to  the  same  effect 
by  any  citizen,  order  the  Marshal  to  have  the  said  nuisance  re- 
moved immediately,  and  the  expense  of  removing  the  same  shall 
be  recovered  upon  behalf  of  the  city,  from  the  owner  or  occupant 
of  the  premises  upon  which  it  may  be,  and  shall  be  assessed  ad- 
ditional to  the  fine  for  a violation  of  the  provisions  of  this  section, 
which  said  fine  shall  not  be  less  than  ten  dollars. 

Sec,  195.  Quarantine  established. — It  is  hereby  declared 


110 


ClVII.  CODE. 


that  the  City  of  Tuscaloosa  within  its  corporate  limits,  and  with- 
in one  mile  thereof,  shall  be  and  is  quarantined  against  all  per- 
sons coming  into  the  same,  from  any  city,  or  other  place  where 
yellow  fever  is  known  to  be  existing  as  an  epidemic.  And  against 
all  baggage,  wares,  and  merchandise  shipped  from  such  point 
to  this  place. 

Sec.  196.  Penalty  for  violating  quarantine. — It  shall  be 
the  duty  of  the  City  Marshal  and  Policemen  to  arrest  all  persons 
who  may  enter  the  city  from  any  place  mentioned  in  this  ordi- 
nance, and  from  any  place  known  to  be  infected  with  the  dis- 
ease, and  unless  they  instantly  depart,  the  Mayor  shall  impose  a 
fine  on  them  of  not  less  than  one  hundred  dollars,  and  cause  them 
to  be  conveyed  at  least  one  mile  from  the  city,  with  orders  not 
to  return. 

Sec.  197.  Isolation  of  cases . — If  any  case  of  yellow  fever 
should  occur  in  the  City  of  Tuscaloosa,  full  power  is  hereby 
given  to  the  Mayor,  on  consulting  with  a physician  of  the  city, 
or  a board  of  physicians,  to  have  all  such  orders,  rules,  regula- 
tions, and  directions  carried  out  as  shall  best  protect  the  city 
from  the  spread  of  the  disease;  and  for  this  purpose  he  may  ap- 
point policemen,  not  exceeding  six,  close  streets  temporarily, 
compel  persons  to  remain  away  from  the  infected  district,  and 
direct  the  streets  through  which  people  and  vehicles  shall  travel. 
Any  violation  of  any  rule  or  regulation,  order  or  direction  given 
under  this  ordinance  by  the  Mayor,  and  communicated  by  the 
Marshal  or  policemen,  or  otherwise  to  the  person  so  violating 
the  same,  is  a misdemeanor,  and  such  person  shall  on  convic- 
tion thereof,  be  fined  not  less  than  ten  nor  more  than  one  hun- 
dred dollars. 

Sec.  198.  Trains  and  approaches  guarded- — It  shall  be 
the  duty  of  the  Marshal  and  Policemen,  under  the  direction  of 
the  Mayor,  to  keep  a guard  over  all  the  approaches  to  the  city 
from  any  passing  train,  and  they  are  empowered  to  examine  all 
persons  verbally,  as  to  whence  they  have  come,  and  also  to  ex- 
amine as  to  any  baggage  or  goods,  wares  or  merchandise,  and 
from  what  point  it  shall  have  been  brought.  Any  person  fail- 
ing or  refusing  to  answer  all  questions  asked  is  guilty  of  a mis- 


CIVIL  CODE. 


Ill 


demeanor,  and  on  conviction  thereof,  shall  be  fined  not  less  than 
ten  nor  more  than  one  hundred  dollars. 

Sec.  199.  Power  to  exclude  persons  or  goods. — Upon  the 
examination  by  the  Marshal  and  policemen  as  aforesaid,  if  he 
shall  be  satisfied  that  the  person  or  goods  come  from  an  infected 
district,  they  must  be  excluded  from  the  city.  Appeal  may  be 
had  to  the  Mayor  whose  decision  shall  be  final.  Any  violation 
of  the  orders  given  to  the  person  so  excluded  is  a misdemeanor, 
and  on  conviction  thereof  the  person  so  violating  said  ordinance 
shall  be  fined  not  less  than  ten  nor  more  than  one  hundred 
dollars. 

SLAUGHTER  HOUSES. 

Sec.  200.  Board  may  authorize  slaughter  houses. — The 
Board  of  Mayor  and  Aldermen  may  authorize,  by  unanimous 
vote,  the  keeping  or  establishing  a slaughter  house  within  the 
corporate  limits,  subject  to  such  restrictions  as  they  may  deem 
necessary  for  the  protection  of  the  health  and  comfort  of  the 
citizens  of  said  city,  or  anv  portion  of  them. 

Sec.  201.  Proceedings  to  declare  slaughter  house  a nui- 
sance.— Whenever  any  slaughter  house, established  or  kept  with- 
in said  corporation  shall  have  become  a nuisance,  or  prejudicial 
to  the  health  or  comfort  of  the  citizens  thereof,  or  any  portion  of 
them,  it  shall  be  the  duty  of  the  Mayor  and  Aldermen,  upon 
proper  complaint  being  made  to  them,  to  cause  an  inspection  to 
be  speedily  made  of  the  premises  and  slaughter  house,  by  a com- 
mittee appointed  by  said  body,  who  shall  take  with  them  some 
physician  of  high  standing  in  said  city,  whose  opinion  shall  be 
taken  and  certified  by  the  chairman  of  said  committee,  to  the 
said  Board. 

Sec.  202.  Discontinuance  of  slaughter  house , and  de- 
termination of  nuisance. — Upon  the  filing  of  said  complaint 
it  shall  be  the  duty  of  the  Mayor  to  cause  the  use  of  said  slaugh- 
ter house  or  place  to  be  discontinued  until  such  time  as  said  com- 
plaint shall  be  heard  and  determined  by  the  Board;  and  upon  the 
report  being  made  by  said  committee  it  shall  be  the  duty  of  the 
said  Board  to  hear  and  determine  said  complaint,  and  unless 
two-thirds  of  said  Board  shall  vote  adversely  to  said  complaint, the 
said  slaughter  house  shall  be  abated  and  discontinued  as  a nuisance 


112 


CIVIL  CODE. 


CHAPTER  XVIII. 

THE  CITY  SCHOOLS. 

Section. 

203.  Extent  of  School  District. 

204.  School  Fund. 

205.  Election  of  Board  of  Education. 

206.  Oath,  and  extent  of  power. 

207.  Powers  of  Board  of  Education. 

208.  Additional  powers. 

209.  Additional  powers. 

210.  Eligibility  of  students. 

211.  School  moneys  kept  separate. 

212.  How  school  moneys  paid  out. 

213.  Disposition  of  collected  fines. 

Sec.  203.  Extent  of  School  District. — The  school  district 
of  the  City  of  Tuscaloosa  shall  extend  to  and  comprise  the  cor- 
porate limits  of  said  city,  and  all  that  portion  of  Tuscaloosa 
County,  south  of  the  Warrior  River,  and  within  one  mile  of  said 
corporate  limits. 

Sec.  204.  School  Fund. — The  following  funds  shall  be  de- 
voted to  the  school  purposes  of  said  district,  and  shall  be  paid 
into  the  Treasury  of  said  City,  where  they  shall  be  kept  and  ac- 
counted for  separate  and  distinct  from  all  other  funds  belonging 
to  said  city;  th e pro  rata  share  of  the  16th  section  fund  of  each 
township  that  lies  partly  within  the  said  district;  all  the  taxes 
collected  as  poll  taxes  within  said  school  district,  and  the  Board 
of  Mayor  and  Aldermen  of  said  city  may  levy  a tax,  not  to  ex- 
ceed one  fourth  of  one  per  cent,  on  the  taxable  property  of  said 
City. 

Sec.  205.  Election  of  Board  of  Education. — The  Board 
of  Mayor  and  Aldermen  of  the  City  shall  hold  an  elec- 
tion at  their  regular  meeting  during  the  month  of  July,  1885, 
for  four  members  of  the  Board  of  Education  of  said  city,  who 
shall  be  elected  as  the  other  elective  officers  of  this  city:  the  two 
first  elected  shall  hold  their  said  offices  for  the  term  of  one  year, 
and  the  two  last  elected  shall  hold  their  said  offices  for  the  term 


CIVIL  CODE. 


1 13 


of  two  years,  and  at  each  regular  meeting  during  the  month  of 
July  of  each  year,  two  suitable  persons  shall  be  elected  to  suc- 
ceed those  whose  offices  have  expired,  so  that  two  of  such  per- 
sons shall  hold  their  said  offices  until  their  successors  are  elected 
and  qualified. 

Sec.  206.  Oath  and  extent  of  power. — The  said  Board  of 
Education  shall,  before  entering  on  the  discharge  of  the  duties 
pertaining  to  their  said  offices,  each  for  himself,  subscribe  an 
oath  to  faithfully  discharge  all  the  duties  enjoined  upon  him  by 
law  as  such  officer,  and  shall  have  charge  and  control  of  the 
public  schools  of  said  city. 

Sec.  207.  Powers  of  the  Board  of  Education. — The  said 
Board  of  Education  shall  have  power,  with  the  approval  of  said 
Board  of  Mayor  and  Aldermen,  to  build  upon  the  property  of 
the  city  suitable  houses  for  the  use  and  accommodation  of  the 
public  schools  of  said  school  district,  to  rent  such  houses  as  may 
be  deemed  necessary;  to  furnish  the  same  with  appropriate 
furniture  and  apparatus,  and  to  keep  said  houses  in  proper  re- 
pair; but  no  contract  shall  be  entered  into,  and  no  disbursement 
of  any  monies  or  funds  made,  except  by  the  consent  and  under 
the  direction  and  control  of  the  said  Board  of  Mayor  and  Al- 
dermen. 

Sec.  208.  Additional  powers- — The  said  Board  of  Education 
shall  have  powder  to  open  a sufficient  number  of  schools  to  meet 
the  wants  of  the  said  school  district,' to  elect  such  officers  as  are 
in  their  opinion  necessary  to  the  good  government  of  said 
schools,  to  elect  all  teachers,  fix  their  compensation  and  prescribe 
their  duties,  control  the  distribution  of  teachers  and  pupils  among 
the  several  schools,  dictate  the  course  of  instruction,  the  number 
and  character  of  text-books,  the  organization  of  classes,  the 
method  of  teaching,  to  provide  separate  schools  for  white  and 
colored  children,  in  proportion  to  the  amount  of  taxes  paid  by 
each  race,  to  charge  in  the  several  grades  in  said  schools  such 
incidental  and  other  fees  as  they  may  deem  necessary  for  the 
proper  conduct  of  said  schools,  and  to  issue  diplomas  to  all  per- 
sons who  satisfactorily  complete  the  course  of  study  prescribed 
for  the  public  schools  of  said  school  district,  to  create  a board 
for  the  examination  of  applicants  for  positions  as  teachers  in  the 
public  schools  of  said  school  district,  and  to  institute  annual 


114 


CIVII-  CODE. 


competitive  examinations  for  all  applicants  for  license  to  teach 
in  the  public  schools  of  said  district. 

Sec.  209.  Additional  powers- — The  said  Board  shall  also 
have  power  to  require  any  officer  or  teacher  of  said  schools,  be- 
fore entering  upon  the  duties  of  his  office,  to  take  the  oath  of 
office  prescribed  by  law  for  officers  of  this  State,  to  give  bond 
in  such  sum  as  may  be  fixed  by  said  Board  of  Education,  and  to 
remove  for  cause,  to  be  determined  by  them,  any  of  such  officers 
or  teachers.  Said  bond  shall  be  approved  by  the  president  of 
said  Board  of  Education,  and  filed  with  the  other  official  bonds 
of  the  city,  and  a certified  copy  of  the  bond  of  the  officer  selected 
to  receive  the  funds  of  said  district,  shall  be  filed  in  the  office  of 
the  Superintendent  of  Education  of  the  State  of  Alabama. 

Sec.  210.  Eligibility  of  student. — The  children  and  wards 
of  all  actual  residents  within  the  limits  of  the  said  school  district, 
who  reside  therein  bona  fide , from  seven  to  nineteen  years  of 
age,  shall  be  entitled  to  seats  as  pupils  in  the  said  schools,  and 
non-resident  children  or  wards  may  be  admitted  into  such 
schools  on  such  terms  and  conditions  as  ma)-  be  prescribed  by 
the  Board. 

Sec.  2 1 1.  School  moneys  kept  separate. — The  Treasurer  of 
the  City  of  Tuscaloosa  shall  receive  all  moneys  belonging  to  the 
fund  of  the  public  schools  of  the  city,  and  shall  keep  said  fund 
separate  from  other  monies  of  the  city,  and  shall  make  a separate 
report  of  the  receipts  and  disbursements  of  said  fund  at  each 
regular  meeting  of  The  Board  of  Mayor  and  Aldermen. 

Sec.  212.  How  school  moneys  paid  out. — The  Treasurer 
shall  pay  out  the  moneys  of  said  school  fund  only  upon  the 
check  of  the  President  of  the  Board  of  Education,  countersigned 
by  the  Secretary  of  said  Board  of  Education. 

Sec.  213.  Disposition  of  collected  fines. — All  fines  collect- 
ed by  the  city  for  violations  of  the  city  ordinances,  not  exceed- 
ing the  amount  annually  appropriated,  shall  be  paid  into  the 
school  fund  of  said  city,  and  be  disbursed  only  to  meet  its  wants 
and  requirements. 


Civil.  CODE. 


115 


CHAPTER  XIX. 

THE  STREETS  AND  SIDE  WALKS. 

Section. 

214.  Certain  side-walks  to  be  paved. 

215.  Marshal  reports  defective  side-walks. 

216.  Mayor  issues  notice  to  pave. 

217.  When  side-walk  paved  by  Marshal. 

218.  Expense  of  paving  furnished  to  Tax  Assessor  and  collected. 

219.  Fees  for  services. 

Sec.  214.  Certain  side-walks  to  be  paved- — It  is  hereby 
made  the  duty  of  the  owner,  or  agent  in  charge,  of  all  real  estate 
fronting  upon  Broad  Street,  between  Madison  and  Washington 
Streets,  and  upon  Market  Street,  between  Cotton  and  Pine 
Streets,  to  keep  the  side- walks  adjacent  thereto  well  and  evenly 
paved  with  brick  or  stone,  and  to  keep  said  pavement  in  good 
repair.  Any  person  who  fails,  refuses,  or  neglects  to  comply 
with  the  provisions  of  this  section  after  being  notified  as  herein- 
after required,  shall  be  deemed  guilty  of  a misdemeanor,  and  on 
conviction  shall  be  fined  not  more  than  fifty  dollars. 

Sec.  215.  Marshal  reports  defective  side-walks. — It  is 
hereby  made  the  duty  of  the  Marshal  of  this  city  to  report  in 
writing  to  The  Board  of  Mayor  and  Aldermen  any  side-walk 
within  said  limits  which  is  not  paved  or  in  good  repair,  and  the 
name  of  the  owner,  or  agent  in  charge,  of  the  real  estate  adjoin- 
ing such  side-walk,  if  known,  and  if  not  known,  then  that  fact, 
together  with  an  estimate  of  the  probable  cost  of  paving  or  re- 
pairing the  same. 

Sec.  216.  Mayor  issues  notice  to  pave. — Upon  such  re- 
port being  made  the  Mayor  must  issue  a written  notice  to  the 
owner,  or  agent  in  charge,  of  the  property  adjacent  to  the  side- 
walk so  reported  not  paved, or  not  in  repair, notifying  him  to  pave 
or  repair  the  same  with  brick  or  stone  within  twenty  days;  said 


116 


CIVIL  CODE. 


notice  may  be  served  by  the  Marshal  of  said  city,  and  must  be 
returned  to  the  Mayor  with  the  execution  endorsed  thereon;  if 
the  owner  or  agent  of  said  property  cannot  be  found,  or  if  the 
owner  thereof  is  unknown, notice  to  pave  or  repair  may  be  given 
by  posting  the  notice  above  required  at  the  door  of  the  City 
Hall  for  twenty  (20)  days,  and  such  notice  shall  be  deemed  in 
all  respects  equal  to  personal  notice. 

Sec.  217.  When  side-walk  paved  by  Marshal. — If  after 
the  notice  has  been  given  as  required  by  the  preceding  section, 
and  the  side-walk  adjoining  such  real  estate  be  not  paved  or  not 
repaired  at  the  expiration  of  said  twenty  days,  the  Marshal  shall 
proceed  to  pave  or  repair  said  side-walk  at  the  expense  of  the 
owner  thereof. 

Sec.  218.  Expense  of  paving  furnished  to  Tax  Assessor 
and  collected. — Should  the  Marshal  pave  or  repair  any  side- 
walk in  accordance  with  the  provisions  of  this  ordinance,  he 
shall,  on  completing  the  same,  furnish  the  City  Tax  Assessor 
with  an  itemized  account  of  the  cost  of  such  work,  who  shall 
assess  the  same  to  the  owner  of  such  property  in  the  same  man- 
ner as  city  taxes  are  assessed;  and  the  same  shall  be  a lien  upon 
such  property,  and  have  the  force  and  effect  and  be  collected  as 
other  city  taxes. 

Sec.  219.  Fees  for  services • — The  Mayor  and  Marshal  shall 
receive  for  the  services  as  required  in  this  ordinance  such  com- 
pensation as  the  Board  may  allow,  to  be  taxed  as  costs  and 
charged  against  the  real  estate  adjacent  to  the  side-walk  so  pav- 
ed or  repaired. 


CIVII-  CODE. 


117 


CHAPTER  XX. 

THE  CITY  MARKET  AND  SCALES. 

Section. 

220.  Market  stalls  rented. 

221.  Market  regulations. 

221  b.  Penalty  for  violation. 

222.  City  scales  established. 

223.  Renting  of  city  scales. 

Sec.  220.  Market  established  and  market  stalls  rented- — 
That  the  house  and  stalls  and  benches  therein  and  the  shed  there- 
to attached  are  hereby  established  and  declared  to  be  the  market 
house  for  the  city,  and  the  market  shall  be  held  therein  as  here- 
after provided. 

Sec.  22i.  Renting  of  market  stalls  by  Marshal , and 
regulations  for  the  market . — That  the  Marshal  of  the  City, 
until  otherwise  directed,  shall  be  Market  Master,  and  as  such 
shall  have  the  following  powers,  and  perform  the  following 
duties. 

1.  He  shall  on  the  first  Monday  in  January  every  year,  rent 
to  the  highest  bidder  all  the  stalls,  tables,  benches,  and  blocks  in 
the  house,  for  the  year,  and  the  amount  bid  shall  be  payable  in 
advance;  and  if  he  should  be  unable  to  rent  them  at  that  time, he 
may  thereafter  rent  them  privately.  In  no  case  shall  he  rent  the 
stalls  in  the  house  for  less  than  one  dollar  per  month  for  a year, 
or  part  of  a year. 

2.  He  shall  make  all  needful  rules  and  regulations,  with  re- 
gard to  the  location  and  arrangement  of  stalls,  benches,  and 
shelves  for  the  sale  of  meats,  fowls,  fish,  fruits,  and  vegetables, 
and  arrange  the  market  wagons,  carts  and  other  vehicles  around 
the  market. 

3.  He  shall  examine  all  meats  and  other  commodities  offered 
for  sale  and  should  he  find  any  of  them  unsound,  tainted,  sour, 


118 


CIVIL  CODE. 


or  otherwise  unfit  for  food,  he  shall  order  such  to  be  removed 
from  the  Market. 

4.  He  shall  decide  all  disputes  between  buyer  and  seller, 
touching  the  weight  or  measure  of  any  article  sold,  and  see  that 
no  false  weights  are  used  in  the  City  Market. 

5.  He  shall  prevent  all  wagons  and  other  vehicles,  except 
market  wagons  and  vehicles  from  standing  around  the  Market 
house  during  market  hours. 

6.  He  shall  remove  any  person  who  shall  be  guilty  of  any 
indecent  conduct  or  who  shall  use  language  calculated  to  offend 
the  modesty  of  women,  or  provoke  a difficulty. 

7.  He  shall  prevent  all  disorder. 

8.  He  shall  collect  and  pay  over  to  the  Clerk  all  the' rents. 

9.  He  shall  require  all  renters,  and  other  persons  using  stalls, 
benches,  or  shelves  in  Market  House  to  scrape  and  cleanse  them 
once  each  day. 

10.  He  shall  see  that  no  person  shall  kill,  clean  or  dress  any 
animal,  fowl,  or  fish,  in  or  about  the  Market  House,  or  under 
the  shed. 

11.  That  no  person  shall  deposit,  or  leave  for  any  length  of 
time,  any  hides,  or  any  other  unclean  substance  or  thing  in  the 
Market  House  or  sheds,  or  about  the  Market  House. 

12.  That  no  meat  of  any  kind,  or  fish  or  fowls  shall  be  per- 
mitted to  remain  in  or  about  the  Market  House,  after  10  o’clock 
in  the  morning  from  the  1st  day  of  May  until  the  1st  day  of 
October,  but  all  property  of  all  kinds  must  be  removed,  and 
each  person  occupying  a stall,  bench  or  shelf  shall  be  required 
to  cleanse  it. 

13.  That  no  person  shall  be  guilty  of  any  indecent  conduct, 
or  use  any  obscene,  vulgar,  or  profane  or  abusive  language  in  or 
about  the  Market  House,  during  market  hours. 

Sec.  221  b.  Penalty  for  violation  of  this  Chapter- — Any 
person  who  shall  violate  any  of  the  provisions  of  this  Chapter, 
or  who  shall  refuse  to  obey  the  orders  of  the  Market  Master,  or 
policeman  given  in  the  execution  of  the  duties  herein  prescribed, 
shall  be  guilty  of  a misdemeanor,  and  on  conviction  shall  be  fined 


CIVIL  CODE. 


119 


not  exceeding  one  hundred  dollars  and  may  be  imprisoned,  or 
put  to  hard  labor  for  not  more  than  sixty  days. 

Sec.  222.  City  Scales  established  and  how  rented. — That 
the  Scales  now  used  as  such,  are  hereby  established  as  the  Pub- 
lic Scales  of  the  City  of  Tuscaloosa,  and  shall  be  under  the  charge 
of  the  City  Marshal  who  shall  rent  out  the  same  on  the  first  of 
January  of  each  year  to  a keeper  who  shall  be  the  highest  bid- 
der for  the  same. 

Sec.  223.  Keeper  of  Public  Scales,  duties. — It  shall  be 
the  duty  of  the  keeper  on  the  application  of  any  one,  to  weigh 
on  said  Scales  any  wagon,  cart,  carriage,  dray,  or  any  other  ve- 
hicle, loaded  or  unloaded,  or  any  animal  of  any  kind,  or  any  ar- 
ticle of  property  of  any  kind  and  give  a certificate  of  such  weight. 
In  case  of  a loaded  vehicle,  of  any  kind  being  weighed,  it  shall 
be  re-weighed  after  the  load  is  removed,  and  the  weight  of  the 
wagon  deducted  from  the  gross  weight  and  a certificate  of  the 
net  weight  given. 

2.  He  shall  enter  in  a book  each  weighing  and  the  amount 
thereof,  and  make  report  at  the  end  of  the  year:  and  shall  receive 
for  each  weighing  such  sum  as  shall  be  fixed  by  ordinance, 
to  be  paid  by  the  owner  of  the  wagon  or  property  weighed. 


120 


CIVII.  CODE. 


CHAPTER  XXL 
THE  POWDER  MAGAZINE. 

Section. 

224.  Magazine  established  and  none  other  allowed  in  city. 

225.  All  powder  over  twenty-five  pounds  to  be  kept  in  it. 

226.  How  powder  shall  be  kept  in  the  city. 

227.  City  Marshal  keeper  of  magazine  : his  powers  and  duties. 

228.  No  person  allowed  to  sell  powder  at  night. 

229.  Penalties  for  violating  this  chapter. 

Sec.  224.  Magazine  established  and  none  other  allowed 
in  city. — The  building  now  used  as  such  is  hereby  declared  to 
be  and  is  established  as  the  Powder  Magazine  of  the  City,  and 
no  person  shall  be  allowed  to  erect  in  the  city  any  house  or 
building  for  the  purpose  of  keeping  or  storing  gun  powder;  nor 
shall  any  person  manufacture  or  make  gunpowder  in  the  city. 

Sec.  225.  All  powder  over  twenty -five  pounds  to  be  kept 
in  it. — No  person  shall  be  allowed  to  keep  gunpowder  in  the 
city  in  quantities  greater  than  twenty-five  pounds  at  one  time, 
except  in  the  Powder  Magazine. 

Sec.  226.  How  powder  shall  be  kept  in  the  city. — No  per- 
son shall  be  allowed  to  keep  any  gunpowder  in  the  city,  except 
in  a tin  cannister  well  secured. 

Sec.  227.  City  Marshal  keeper  of  Magazine:  his  pow- 
ers and  duties . — The  City  Marshal  shall  be  the  keeper  of  the 
Powder  Magazine,  and  no  other  person  shall  be  allowed  to  take 
powder  therefrom,  and  as  such  he  shall  have  the  following  pow- 
ers, and  perform  the  following  duties: 

1.  He  shall  see  that  the  Magazine  is  safely  kept. 

2.  He  shall  keep  the  key,  and  in  no  case  deliver  it  to  any  but 
a discreet  person. 

3.  As  such  keeper,  he  shall  not  be  allowed  to  receive  any 
powder  unless  it  is  safelv  enclosed  in  tin  or  wood,  and  the  own- 
er’s name  marked  thereon. 


CIVIL  CODE. 


121 


4.  When  any  powder  thus  secured  and  marked  is  presented 
to  him  at  the  Magazine,  he  shall  receive  and  deposit  it  in  the 
Magazine  for  safe  keeping,  and  give  the  owner  a certificate 
thereof. 

5.  He  shall  enter  in  a book  all  the  powder  so  received  by 
him,  stating  the  number  of  kegs  or  packages  and  the  name  of 
the  owner,  when  deposited,  and  when  taken  away. 

6.  He  shall  not  open  or  permit  any  one  to  open  the  Maga- 
zine after  sundown,  or  before  sunrise. 

7.  On  the  presentation  of  any  certificate,  he  shall  deliver  the 
powder,  or  such  part  as  is  desired,  therein  described. 

Sec.  228.  No  person  allowed  to  sell  powder  at  night . — No 
person  shall  sell  any  gunpowder  in  the  city  after  sunset,  and  be- 
fore sunrise  the  next  morning. 

Sec.  229.  Penalties  for  violating  this  chapter. — Any  per- 
son who  shall  violate  any  of  the  provisions  of  this  chapter  shall 
be  fined  not  less  than  twenty  dollars,  and  may  be  imprisoned,  or 
put  to  hard  labor  for  the  citv  for  not  exceeding  thirty  days. 


CHAPTER  XXII. 

THE  FIRE  DEPARTMENT. 

Section. 

230.  Fire  department  established. 

231 . Shall  have  charge  of  fire  engine  and  hose. 

232.  That  said  company  shall  adopt  its  own  by-laws. 

233.  On  alarm  of  fire  to  go  at  once. 

234.  To  prevent  spread  of  fire,  house  may  be  pulled  down. 

Sec.  230.  Fire  department  established. — That  a fire  de- 
partment is  hereby  established  consisting  of  one  company  of 
men  to  be  called  “The Tuscaloosa  Fire  Company  Number  One,” 
to  consist  of  not  less  than  twenty-five  nor  more  than  fifty  men. 
And  shall  have  the  following  officers:  A Foreman,  First  Assis- 


122 


CIVIL  CODE. 


tant  Foreman  and  Second  Assistant  Foreman.  Two  Fire  War- 
dens, a Secretary,  and  Treasurer,  who  shall  all  be  elected  by  the 
Fire  Company. 

Sec.  231.  Fire  Company  have  charge  of  the  Engine  and 
Hose. — When  organized,  the  Fire  Company  shall  have  in 
charge  the  Fire  Engine,  and  all  the  hose,  of  said  Company,  and 
all  hooks  and  ladders. 

Sec.  232.  That  said  Company  shall  adopt  its  own  by- 
laws.— That  said  Fire  Company  may  adopt  its  own  by-laws  and 
regulations  for  their  government;  Provided , it  shall  be  the  duty 
of  said  Company  to  practice  once  a month. 

Sec.  233.  On  alarm  of  fire  to  go  at  once. — That  upon  an 
alarm  of  fire,  it  shall  be  the  duty  of  the  officers  and  men  of  said 
Company  to  go  with  all  possible  speed  to  the  fire  and  carry  with 
them  the  Fire  Engine,  all  the  hose,  hooks  and  ladders,  and  when 
there  to  work  faithfully  to  put  out  the  fire,  and  to  stop  the  furth- 
er spread  of  it. 

Sec.  234.  To  prevent  spread  of  tire,  houses  may  be  pulled 
down. — -That  to  prevent  the  spread  of  any  fire,  the  Foreman  of 
the  Fire  Company,  the  City  Engineer,  the  Mayor  and  Aider- 
men,  or  so  many  of  them  as  may  be  present  at  any  fire  may 
order  any  building,  or  fence  to  be  pulled  down,  Provided, \ that 
a majority  of  those  named  who  are  present,  shall  concur  in  the 
propriety  of  pulling  down  such  building  or  fence. 


CIVIL  CODE. 


123 


CHAPTER  XXIII. 

SALARIES  AND  FEES  OF  OFFICERS. 

Section. 

235.  Salary  of  Mayor. 

236.  Fee  of  Mayor  on  trial  of  offender. 

23*7.  Fees  and  fines  of  Aldermen. 

238.  Salary  of  City  Secretary. 

239.  Fees  of  City  Secretary. 

240.  Salary  of  City  Marshal. 

241.  Fees  of  Marshal  for  storing  powder. 

242.  Salary  of  Policemen. 

243.  Fees  of  Marshal  or  Policemen  on  trial  of  offender. 

244.  Other  fees  of  Mayor  and  Marshal. 

245.  Salary  of  Tax  Assessor. 

246.  Fees  of  Tax  Assessor. 

247.  Salary  of  Tax  Collector. 

248.  Fees  of  Tax  Collector. 

249.  Salary  and  fees  of  City  Treasurer. 

250.  Salary  and  fees  of  City  Engineer. 

251.  Fees  of  City  Sexton. 

252.  Fees  of  City  Attorney. 

Sec.  235.  Salary  of  Mayor. — The  Mayor  shall  be  allowed 
an  annual  salary  of  four  hundred  dollars,  and  such  fees  as  are 
otherwise  allowed  him  by  law. 

Sec.  236.  Fee  of  Mayor  on  trial  of  offender. — For  every 
trial  under  any  ordinance,  the  Mayor  shall  be  entitled  to  a fee  of 
two  dollars,  to  be  paid  by  the  person  tried,  if  convicted,  if  ac- 
cjuitted  by  the  city.  In  the  event  of  the  insolvency  of  any  con- 
victed person,  or  failure  to  secure  the  fine  and  costs,  the  Board 
shall  allow  the  Mayor  said  fee,  on  the  same  being  presented  as 
in  other  cases. 

Sec.  237.  Fees  and  fines  of  Aldermen. — Each  Aldermen 
shall  receive  the  sum  of  five  dollars  per  month  for  his  services 
for  the  city,  and  shall  be  fined  the  sum  of  five  dollars  for  each 


124 


CIVIL  CODE. 


and  every  regular  meeting  of  the  Board  from  which  he  absents 
himself  without  a good  and  sufficient  excuse,  to  be  judged  of  by 
the  Board. 

Sec.  238.  Salary  of  City  Secretary . — The  Secretary  shall 
be  allowed  an  annual  salary  of  one  hundred  and  twenty  dollars, 
and  such  other  compensation  as  the  Board  may  allow. 

Sec.  239.  Fees  of  City  Secretary. — The  Secretary  shall  be 
entitled  to  receive  a fee  of  one  dollar  for  each  license  issued  by 
him,  which  shall  be  paid  by  the  person  taking  out  the  license: 
for  making  copy  of  any  record,  deed,  ordinance,  or  other  paper 
or  document  of  the  city,  he  shall  receive  a fee  of  twenty  cents 
per  hundred  words,  and  fifty  cents  for  his  certificate  thereto,  to 
be  paid  b)  the  person  desiring  such  service,  and  fifty  cents  for 
recording  tax  deeds.  / 

Sec.  240.  Salary  of  City  Marshal. — The  Marshal  shall  be 
allowed  an  annual  salary  of  four  hundred  and  eighty  dollars,  be- 
sides such  other  fees  as  pertain  to  him. 

Sec.  241.  Fees  of  Marshal  for  storing  powder. — For 
each  keg  of  powder  stored  in  the  Magazine,  the  Marshal  shall 
collect  a fee  of  twenty-five  cents,  one  half  of  which  shall  be  al- 
lowed him  for  his  services. 

Sec.  242.  Salary  of  Policemen. — The  policemen  shall  be 
allowed  each  an  annual  salary  of  five  hundred  and  forty  dollars, 
besides  such  other  fees  as  pertain  to  his  office. 

Sec.  243.  Fees  of  Marshal  or  Policemen  on  trial  of 
offender ■ — For  every  conviction  under  any  ordinance  in  the 
Mayor’s  court,  of  a person  arrested  bv  the  Marshal  or  any  Po- 
licemen, the  arresting  officer  shall  be  entitled  to  a tee  of  two 
dollars,  to  be  collected  from  the  person  convicted;  in  case  of  the 
insolvency  of  said  party  convicted,  the  fee  shall  be  collected 
from  the  city. 

Sec.  244.  Other  fees  of  Mayor  and  Marshal. — When  the 
fee  due  the  Mayor  or  Marshal  or  Policeman,  for  any  service  re- 
quired of  them  by  any  section  of  this  Code,  is  not  specifically 
mentioned,  the  Mayor  shall  receive  the  same  fee  in  amount 
which  is  by  law  allowed  the  Clerk  of  the  Circuit  Court  of  Tus- 


CIVIL  CODE. 


125 


caloosa  County  for  like  service,  and  the  Marshal  or  Policeman 
shall  receive  the  same  fee  as  is  allowed  the  Sheriff  in  said  court 
for  like  service. 

Sec.  245.  Salary  of  Tax  Assessor. — The  City  Tax  Assess- 
or shall  he  allowed  an  annual  salary  of  seventy-five  dollars,  be- 
sides such  other  fees  as  are  allowed  him  by  law. 

Sec.  246.  Fees  of  Tax  Assessor. — The  Assessor  shall  be 
entitled  to  a fee  of  one  dollar  to  be  assessed  against  and  collected 
of  each  delinquent  in  making  returns.  Such  fees  shall  be  allow- 
ed upon  accounts  presented  to  and  audited  by  the  finance  com- 
mittee, as  in  other  cases. 

Sec.  247.  Salary  of  Tax  Collector. — The  Tax  Collector 
shall  be  entitled  to  four  per  cent  on  all  collections  made  by  him 
on  account  of  city  taxes. 

Sec.  248.  Fees  of  Tax  Collector. — The  Tax  Collector  shall 
receive  a fee  of  fifty  cents  for  every  delinquent  tax  collected  by 
him  after  demand  thereof;  one  dollar  for  every  delinquent  tax 
collected  by  him  after  demand  and  advertising  the  same;  and 
two  dollars  for  every  delinquent  tax  collected  by  him  after  de- 
mand, advertisement,  sale  and  deed  to  purchaser.  Such  fees 
shall  be  allowed  upon  accounts  presented  to  and  audited  by  the 
finance  committee,  as  in  other  cases. 

Sec.  249.  Salary  and  fees  of  City  Treasurer. — The  City 
Treasurer  shall  receive  such  salary  and  fees  as  may  be  allowed 
by  the  Board. 

Sec.  250.  Salary  and  fees  of  City  Engineer. — The  City 
Engineer  shall  be  allowed  an  annual  salary  of  five  hundred  dol- 
lars, and  such  fees  as  are  allowed  the  County  Surveyor  of  Tus- 
caloosa County  for  like  services. 

Sec.  251.  Fees  of  City  Sexton. — The  City  Sexton  shall  be 
allowed  the  following  fees: — for  digging  and  filling  a grave 
without  a vault,  three  dollars;  for  digging  and  filling  a grave 
with  a vault,  five  dollars;  for  burial  in  a vault  two  dollars. 

Sec.  252.  Fees  of  City  Attorney. — For  the  prosecution  of 
any  offender  against  the  laws  and  ordinances  of  this  city  in  the 
Mayor’s  court,  the  City  Attorney  shall  receive  a tax  fee  of  five 
dollars,  only  in  case  of  conviction,  which  sum  shall  be  assessed 
as  costs  against  the  person  so  convicted.  He  shall  also  receive 
such  other  reasonable  compensation  for  his  services  as  may  be 
allowed  by  the  Board. 


126 


CIVIL  CODE. 


CHAPTER  XXIV. 

MOTIONS  AND  SUMMARY  JUDGMENTS  AND 
OTHER  SUMMARY  PROCEEDINGS 
AGAINST  OFFICERS. 

Section. 

253.  Judgments  against  officers  and  sureties  on  motion  : three  days’ 

notice. 

254.  If  executed  upon  all  or  any  one, less  than  three  days,  to  be  con. 

tinued 

255.  If  any  not  served,  Mayor  may  discontinue  or  order  an  alias, i 

256.  Judgment  against  Tax  Collector. 

257.  Judgment  against  City  Secretary. 

258.  Judgment  against  Marshal  or  Policemen. 

259.  Judgment  against  Treasurer  after  resignation  or  removal. 

260.  In  case  of  death  against  administrator  and  sureties  of  officer. 

261 . Report  of  officer,  competent  evidence  against  him  and  surety. 

Sec.  253.  Judgments  against  oMcers  and  sureties  on  mo- 
tion: three  days ’ notice . — Judgments  in  favor  of  the  Mayor 
and  Aldermen  of  the  City  of  Tuscaloosa  may  be  by  the  Mayor 
rendered  against  any  one  of  the  following  officers  and  their  se- 
curities upon  their  official  bonds,  or  any  or  either  of  them,  upon 
notice  in  writing  given  by  the  Mayor,  stating  that  a motion  will 
be  made  before  him  on  a certain  day  (specifying  the  day),  and 
stating  the  cause  or  ground  of  such  motion,  which  notice  must 
be  executed  three  days  before  the  day  set  for  trial. 

Sec.  254.  If  executed  upon  all  or  any  onedess  than  three 
days , to  be  continued • — If  such  notice  shall  be  executed  upon 
all  or  any  one  of  the  defendants, less  than  the  three  days  required, 
the  Mayor  shall  fix  another  day  not  less  than  three  days,  and 
continue  the  cause  till  that  day,  when,  if  no  cause  for  a continu- 
ance be  shown,  he  must  try  it. 

Sec.  255.  If  any  not  served , the  Mayor  may  discontinue , 
or  order  an  alias. — If  said  notice  shall  be  executed  upon  some 
of  said  defendants  the  three  days,  and  not  upon  others  at  all, 
then  the  Mayor  may  discontinue  the  motion  as  to  such  as  have 


CIVIL  CODE. 


127 


not  been  served,  and  proceed  to  trial  as  to  those  served,  or  he 
may  fix  another  day  for  the  trial,  continue  the  motion  to  that 
day,  and  issue  an,  alias  notice  as  to  those  not  served. 

TAX  COLLECTOR. 

Sec.  256.  Judgment  against  tax  collector. — On  such  mo- 
tion, judgment  must  be  rendered  in  favor  of  the  Mayor  and 
Aldermen  against  the  Tax  Collector,  and  all  of  his  sureties  serv- 
ed with  notice,  for  any  sum  or  sums  of  money  belonging  to  the 
city  which  said  Tax  Collector  had  received,  and  failed  to  pay 
over  as  required  by  the  ordinances,  and  ten  per  cent  thereon. 
That  on  such  motion  judgment  must  be  rendered  by  the  Mayor 
in  favor  of  the  Mayor  and  Aldermen  against  said  Tax  Collector 
and  his  securities,  or  either  of  them,  for  his  failure  to  collect  all 
the  money  as  shown  to  be  due  to  the  city,  after  the  Mayor  and 
Aldermen  shall  have  allowed  him  credits  by  the  insolvent  list, 
and  list  of  errors  in  assessment,  and  ten  per  cent  on  the  amount 
thereof. 

THE  CITY  SECRETARY. 

Sec.  257.  Judgment  against  city  Secretary. — On  such 
motion  judgment  must  be  rendered  by  the  Mayor,  in  favor  of 
the  Mayor  and  Aldermen  against  the  Clerk  and  his  securities, 
or  either  of  them,  for  any  sum  of  money  belonging  to  the  city, 
collected  by  him,  and  which  he  failed  to  pay  over  as  directed  by 
the  ordinances.  That  on  such  motion  judgment  must  be  render- 
ed by  the  Maj  or  in  favor  of  the  Mayor  and  Aldermen  against 
the  Clerk  and  his  securities,,  or  either,  for  any  money  due  to  the 
city  on  account  of  fines,  forfeitures,  and  penalties,  and  licenses, 
or  from  any  other  source,  which  he  could  have  collected  by 
proper  diligence,  and  which  he  failed  to  collect,  and  ten  per  cent 
thereon. 

MARSHAL  AND  POLICEMEN. 

Sec.  258.  Judgment  against  Marshal  or  Policemen. — 
On  motion  judgment  must  be  rendered  by  the  Mayor  in  favor  of 
the  Mayor  and  Aldermen  against  the  Marshal  and  his  securities, 
or  either,  for  any  money  belonging  to  the  city  which  said  Mar- 
shal or  either  of  said  policemen  may  collect  and  fail  to  pay  over 
as  directed  by  the  ordinances,  and  ten  per  cent,  thereon.  That 


128 


CIVIL  CODE. 


on  such  motion  judgment  must  be  rendered  by  the  Mayor  in 
favor  of  the  Mayor  and  Aldermen  against  said  Marshal  and  his 
securities,  or  either  of  the  Policemen  and  his  securities,  for  any 
sum  of  money  which  said  Marshal,  or  either  of  said  Policemen, 
could  by  proper  diligence  have  collected,  and  failed  to*do,  and 
ten  per  cent  thereon. 

THE  TREASURER. 

Sec.  259.  Judgment  against  Treasurer  after  resignation 
or  removal—  If  after  the  resignation  or  removal  of  the  Treasurer 
of  the  city,  it  shall  be  found  that  there  is  in  his  hands  a sum  of 
money  belonging  to  the  city  not  paid  away  as  directed  by  the 
ordinances,  on  such  motion  a judgment  must  be  rendered  by  the 
Mayor  in  favor  of  the  Mayor  and  Aldermen  against  said  Treas- 
er  and  his  securities,  or  either  of  them,  for  the  amount  so  in  the 
Treasurer’s  hands,  and  not  paid  away,  and  ten  per  cent  thereon. 

Sec.  260.  In  case  of  death , against  administrator  and 
sureties  of  officer. — If  either  of  the  above  officers  should  die 
without  having  paid  over  to  the  proper  officers,  or  to  the  proper 
party,  all  the  money  by  either  of  them  collected  or  received  as 
such  officer,  and  belonging  to  the  city,  then  and  in  that  case 
judgment  must  be  rendered  against  the  executor  or  administra- 
tor of  such  officer  so  dying  for  any  sum  of  money  which  such 
officer  received  and  failed  to  pay  away  as  required,  and  ten  per 
cent  thereon. 

Sec.  261.  , Report  of  officer , competent  evidence  against 
him  and  surety . — On  the  trial  of  either  of  said  motions  against 
either  of  said  officers  and  securities,  the  report  of  the  officer 
against  whom  and  . his  securities  the  motion  is  made  shall  be 
competent  evidence  against  said  officer  and  all  of  his  securities. 

Sec.  261  b.  Causes  of  removal  of  oficers. — If  any  officer 
of  the  city  shall  refuse  or  fail  to  perform  any  duty  required  of 
him  by  the  ordinances,  or  who  shall  in  his  official  conduct  be 
guilty  of  any  fraud,  extortion,  oppression,  or  injustice,  or  who 
shall  be  drunk  while  on  duty,  or  who  shall  be  guilty  of  any  in- 
decent conduct,  or  shall  be  convicted  of  any  felony,  or  who 
shall  be  found  to  be  incompetent  to  discharge  the  duties  of  his 
office,  he  shall  be  removed  from  his  office  by  the  Mayor  and  Al- 
dermen on  the  vote  of  two-thirds  of  the  Board. 


PART  II. 


PENAL  CODE. 


CONTENTS. 


Chapters. 

I.  Mayor’s  Court  and  Proceedings  therein. 

II.  Offenses  against  Property,  Public  and  Private. 

III.  Offenses  against  the  Person. 

IV.  Offenses  against  Morality. 

V.  Offenses  against  Public  Justice. 

VI.  Offenses  against  Public  Safety* 

VII.  Offenses  against  Public  Health. 

VIII.  Miscellaneous  Offenses. 

IX.  Fees  and  Costs. 


130 


PENAL  CODE. 


PENAL  CODE. 

CHAPTER  I. 

MAYOR’S  COURT,  AND  PROCEEDINGS  THEREIN. 

Section. 

262.  Mayor’s  Court. 

263.  Offenses,  by  whom  tried,  and  limitation. 

264.  Summons,  when  issued  and  form  of. 

265.  Judgment  nisi  on  failure  to  appear. 

266.  Warrant  of  arrest : when  issued  and  form  of. 

267.  Arrest  without  warrant:  when  and  by  whom  made. 

268.  Arrest  on  order  of  Mayor  or  Alderman. 

269.  Private  person  must  assist  an  officer. 

270.  Duty  and  authority  of  officer  in  making  arrest. 

271 . Person  arrested  brought  before  Mayor,  unless  bailed. 

272.  Adjournment  of  trial,  and  bail. 

273.  Bail  bonds  : form  of. 

274.  Effect  of  bail  bond. 

275.  Judgment  nisi  on  default  of  appearance. 

276.  Notice  of  judgment  nisi. 

277.  Service  and  return  of  notice. 

278.  Alias  notice. 

279.  Judgment  set  aside,  reduced,  or  made  absolute. 

280.  Form  of  judgment  final. 

281.  Subpoenas:  issuance,  execution,  form,  and  effect. 

282.  Judgment  nisi  on  default,  notice  and  judgment  final. 

283.  Witness  in  contempt. 

284.  Mayor  judge  of  law  and  fact;  technical  objections  not  allowed. 

285.  On  conviction,  INI  ay  or  imposes  penalty ; when  not  prescribed. 

Mayor  determines. 

286.  Proceedings  in  case  of  default  in  paying  fines. 

287.  Form  of  commitment  in  such  cases. 

388.  “When  convicts  hired  out : bond  required. 

289.  Amount  allowed  defendant  and  board. 

290.  Convicts  committed  to  jail : duty  of  Sheriff. 

291.  Issue,  return,  and  form  of  execution. 

392.  Effect  of  such  execution,  and  how  executed. 

293.  Appeals:  when  taken,  and  form  of  appeal  bonds. 

294.  Papers  returned  to  Circuit  Court. 

295.  Mayor  may  require  bond  to  keep  peace% 


PEN  A I.  CODE. 


131 


Sec.  262.  Mayor's  Court. — A Court  for  the  trial  of  offenses 
against  the  laws  of  the  city,  shall  be  held  at  the  City  Hall, 
the  Mayor  or  such  other  person  as  may  be  appointed  in  his 
stead,  on  every  day  except  Sunday. 

Sec.  263.  Offenses^  by  whom  tried , and  limitation. — Pros- 
ecutions for  violations  of  the  city  ordinances  shall  be  cognizable 
before  the  Mayor,  or  such  other  person  as  may  be  duly  appoint- 
ed in  his  stead,  and  must  be  commenced  within  six  months  af- 
ter the  commission  of  the  act  or  offense  complained  of;  but  ab- 
sence of  the  offender  from  the  limits  of  the  corporation  shall  be 
deducted  from  the  time  relied  on  as  above  to  bar  prosecution; 
and  may  be  begun  by  summons  or  by  warrant'  of  arrest,  or  by 
arrest  without  warrant,  in  manner  hereinafter  prescribed. 

Sec.  264.  Summons : when  issued , and  form  of. — When, 
ever  the  Mayor  is  informed,  or  has  reason  to  believe,  that  any 
person  has  been  guilty  of  a violation  of  a city  ordinance,  he  may 
issue  a summons,  commanding  such  person  to  appear  before 
him  on  a day  therein  named,  which  summons  may  be  in  the 
following  form: — 


State  of  Alabama, 
City  of  Tuscaloosa. 


Mayor’s  Court. 


To  the  Marshal  or  any  Policeman  of  the  City  of  Tuscaloosa. 

You  are  hereby  commanded  to  summon  A.  B.  to  appear  be- 
fore me,  at  the  City  Hall  of  said  City,  on  the  day  of 
188  , to  answer  the  Mayor  and  Aldermen  of  the  City  of  Tus- 
caloosa on  a charge  of  in  violation  of 

the  ordinance  of  said  city  in  such  case  made  and  provided.  And 
you  will  then  and  there  make  return  of  this  summons. 

Issued  at  Tuscaloosa, 

day  of  188  Mayor. 


Sec.  265.  Judgment  nisi  on  failure  to  appear. — If  the 
person  so  summoned  fail  to  appear,  a conditional  judgment  may 
be  rendered  against  him  by  the  Mayor  for  fifty  dollars,  which 
may  be  made  absolute  for  the  whole  or  a part  of  said  amount, 
as  is  hereinafter  provided  in  the  case  of  bail  bond,  and  the  pro 
ceedings  may,  in  all  material  respects,  be  made  to  conform  to 


132 


PEN  A I-  CODE. 


those  provided  in  the  case  of  bail  bond  for  the  appearance  of 
persons  charged  with  a breach  of  city  ordinances. 

Sec.  266.  Warrant  of  arrest:  when  issued,  and  form  of \ 
Whenever  complaint,  on  oath,  is  made  before  the  Mayor,  that 
an  offense  in  violation  of  an  ordinance  of  the  city  has  been  com- 
mitted, and  accusing  any  person  thereof,  the  Mayor  shall  issue 
a warrant  of  arrest  against  such  person,  which  may  be  in  the 
following  form:  — 


State  of  Alabama,  v 

r*-.  r m 1 y Mayors  Umce. 

City  ot  iuscaloosa.  j J 

To  the  Marshal  or  any  Policeman  of  the  City  of  Tuscaloosa. 

Complaint,  on  oath,  having  been  made  before  me,  that  the 
offense  of  has  been  committed,  and 

accusing  C.  D.  thereof,  you  are  hereby  commanded  forthwith 
to  arrest  C.  D.  and  bring  him  before  me  to  answer  said  charge. 

Issued  at  Tuscaloosa, 

day  of  188  Mayor. 


Summon  as  witness  for  the  City: — 
Summon  as  witness  for  the  Defendant: — 


Sec.  267.  Arrest  Without  warrant:  when  and  by  whom 
made. — It  is  the  duty  of  the  Marshal  and  of  every  Policeman, 
to  arrest  without  warrant  all  persons  found  disturbing  the  pub- 
lic peace  by  disorderly  conduct;  all  persons  found  drunk  on  the 
public  streets,  or  in  any  public  place  in  the  city;  and  all  persons 
found  under  suspicious  circumstances,  who  fail  to  give  a satis- 
factory account  of  themselves.  And  said  officers  have  authority 
to  enter  any  house,  enclosure,  or  other  place  in  which  they  have 
reason  to  believe  that  any  person  is  committing  or  about  to  com- 
mit a violation  of  the  city  laws. 

Sec.  268.  Arrest  on  order  of  Mayor  or  Aldermen. — When 
a breach  of  any  ordinance  is  committed  in  the  presence,  or  with- 
in the  view  of  the  Mayor  or  any  Alderman,  such  Mayor  or  Al- 
derman may,  by  verbal  or  written  order,  command  the  Marshal, 
or  any  Policeman,  or  any  other  person,  to  arrest  the  offender, 
and  when  arrested  such  offender  shalt  be  dealt  with  as  if  he  had 
been  arrested  under  a warrant  of  arrest. 


PENAL  CODE. 


133 


Sec.  269.'  Private  person  must  assist  officer. — It  is  the 
duty  of  every  person,  when  required  to  do  so  by  the  Marshal,  or 
the  policemen  of  the  city,  to  assist  in  making  any  arrest. 

Sec.  270.  Duty  and  authority  of  officer  in  malting  arrest. 
— When  arresting  a party  without  warrant  for  a breach  of  the 
city  laws,  the  Marshal  and  Policemen  must  inform  such  person 
of  his  authority,  and  the  cause  of  the  arrest,  except  when  such 
person  is  arrested  in  the  actual  commission  of  such  offense.  And 
when  the  arrest  is  under  a warrant  of  arrest  for  an  offense 
against  the  city  laws  for  a breach  of  the  peace,  or  when  the  ar- 
rest is  without  warrant  for  such  offense  committed  in  his  pres- 
ence, such  officer  has  authority  to  break  open  an  outer  or  inner 
door  or  window  of  a dwelling  house,  if,  after  notice  of  his  office 
and  purpose,  he  is  refused  admittance. 

Sec.  271.  Persons  arrested  brought  before  Mayor , unless 
bailed. — Where  any  person  is  arrested,  with  or  without  war- 
rant, for  a violation  of  the  city  laws,  it  is  the  duty  of  the  officer 
making  the  arrest  forthwith  to  bring  such  person  before  the 
Mayor,  to  be  dealt  with  according  to  law,  unless  such  person 
shall  give  bond,  with  two  good  securities,  to  be  approved  by 
the  officer  making  the  arrest,  in  such  sum,  not  less  than  twenty 
nor  more  than  five  hundred  dollars,  as  such  officer  shall  pre- 
scribe, conditioned  for  his  appearance  before  the  Mayor  on  a 
day  named  therein,  not  more  than  ten  days  after  the  arrest,  to 
answer  the  charge  preferred  against  him.  On  giving  such  bond, 
such  person  shall  be  discharged  from  custody. 

Sec.  272.  Adjournment  of  trials  and  bail. — When  a per- 
son charged  with  a breach  of  a city  ordinance  is  brought  before 
the  Mayor,  the  Mayor  may  adjourn  the  trial  from  time  to  time, as 
may  be  necessary,  not  exceeding  ten  days  at  one  time,  unless  by 
consent;— on  such  continuance  the  defendant  may  be  admitted 
to  bail  on  his  entering  into  bond  for  his  appearance  for  trial, with 
two  good  sureties,  in  such  sum,  not  exceeding  five  hundred  dol- 
lars, as  the  Mayor  may  prescribe,  and  on  failing  to  give  such 
bond,  the  defendant  must  be  committed  to  the  custody  of  the 
Marshal,  who  must  bring  him  before  the  Mayor  on  the  day  to 
which  the  trial  was  continued. 


/ 


134  PEN  AI.  CODE. 

Sec.  273.  Bail  bonds:  form  of . — Bail  bonds  taken  by  the 
Mayor  or  by  a city  officer,  for  the  appearance  of  a person  to 
answer  a charge  of  violating  a city  ordinance,  may  be  in  the  fol- 
lowing form: — 


Court. 


State  of  Alabama,  ) X/r  , 

City  of  Tuscaloosa.  \ Ma*or  ! 

We,  A.  B.  and  C.  D.  and  E.  F.  his  sureties,  agree  to  pay  to 
the  Mayor  and  Aldermen  of  the  city  of  Tuscaloosa,  the  sum  of 
dollars,  unless  the  said  A.  B.  appear  before  the  May- 
or of  said  city,  on  the  day  of  188  , and 

from  day  to  day  thereafter  until  discharged  by  law,  to  answer 
the  Mayor  and  Aldermen  of  the  city  of  Tuscaloosa  of  a charge 

of and  for  the  payment  hereof  we 

waive  our  exemptions  as  to  personal  property  under  the  laws  of 
Alabama. 

A.  B.  (Seal.) 

C.  D.  (Seal.) 

E.  F.  (Seal.) 

Approved,  Mayor. 


Sec.  274.  Effect  of  bail  bond . — The  bail  bond  binds  all  and 
each  of  the  obligors  for  the  appearance  of  the  defendant  on  the 
day  named,  and  on  each  subsequent  day  to  which  the  case  may 
be  adjourned  or  continued,  until  he  is  discharged  by  law. 

Sec.  275.  Judgment  nisi  on  default  of  appearance. — II 
the  defendant  fail  to  appear  as  provided  by  his  bail  bond,  the 
Mayor  shall  enter  up  a conditional  judgment  against  him  and 
his  sureties,  which  may  be  in  the  following  form: — 

The  Mayor  and  Aldermen  of  the  city  of  Tuscaloosa, 

v. 

A.  B.  Defendant,  and  E.  F.  and  C.  D.  his  sureties. 

In  this  case  A.  B.  failing  to  appear  and  answer  the  charge 
against  him  for  , a judgment  is 

entered  against  him  and  his  sureties  C.  D.  and  E.  F.  for 
dollars,  in  favor  of  the  Mayor  and  Aldermen  of  the  city  of  Tus- 
caloosa, unless  they  appear  before  the  Mayor  of  said  city,  on  the 
day  of  188  , and  show  cause  to  the  contrary, 

and  it  is  ordered  that  notice  issue  to  them. 


PENAL  CODE. 


135 


Sec.  276.  Notice  of  judgment  nisi. — The  Mayor  shall  there- 
upon issue  a notice  to  each  defendant  of  the  rendition  of  such 
judgment,  which  notice  may  be  in  the  following  form: — 


State  of  Alabama, 
City  of  Tuscaloosa. 


j-  May 


or’s  Court. 


To  A.  B.  and  C.  D.  and  E.  F.  you  are  hereby  notified,  that  on 
the  day  of  188  , in  the  Mayor’s  Court  of  said 

city,  a judgment  was  rendered  against  you  of  which  the  following 
is  a copy,  (here  set  out  the  conditional  judgment)  and  the  said 
judgment  will  be  made  absolute  against  you  on  the  ...day  of 
188  , unless  you  then  appear  in  said  Mayor’s  Court 

and  show  cause  against  the  same. 

Mayor. 


Sec.  277.  Service  and  return  of  notice. — This  notice  may 
be  executed  by  the  Marshal  or  any  Policemen,  and  must  be  re- 
turned by  the  officer  executing  it,  with  his  proper  return  there- 
on, on  or  before  the  day  appointed  for  the  parties  to  show  cause. 

Sec.  278.  Alias  notice. — If  the  notice  is  not  served  on  any 
of  the  parties,  such  other  notices  as  are  necessary  may  from  time 
to  time  be  issued,  or  the  court  may  proceed  against  the  parties 
on  whom  notice  has  been  served. 


Sec.  279.  Judgment  set  aside , reduced , or  made  abso- 
lute.— If  the  defendants  appear  and  show  sufficient  cause  for 
the  default,  the  conditional  judgment  must  be  set  aside  without 
costs, — but  if  they  fail  to  appear,  or  appearing  fail  to  show  suffi- 
cient excuse  for  the  default,  the  judgment  must  be  made  absolute 
for  the  entire  penalty  of  the  bond,  or  any  part  thereof,  according 
to  circumstances,  as  the  Mayor  may  deem  proper. 

Sec.  280.  Form  of  judgment  final. — The  judgment  final 
may  be  in  the  following  form: — 

To  Mayor  and  Aldermen  of  the  City  of  Tuscaloosa. 


A.  B.  Defendant,  and  C.  D.  and  E..  F.  his  sureties. 

In  this  case  the  said  (here  name  notified  obligors,)  being 
notified,  and  offering  no  sufficient  excuse  for  the  default  of  the 
said  A.  B.  the  conditional  judgment  heretofore  rendered  against 


136 


PENAL  CODE. 


them  is  made  final  against  the  said  (as  above)  in  favor  of  the 
Mayor  and  Aldermen  of  the  city  of  Tuscaloosa,  for  the  sum  of 
dollars. 

Sec.  281.  Subpoenas , issuance , execution , form , and 
etfect. — Subpoenas  for  witnesses  for  the  city,  or  the  defendant, 
may  be  issued  by  the  Mayor,  and  it  is  the  duty  of  the  Marshal 
or  any  Policemen,  to  whom  they  are  delivered  to  execute  and 
return  them  to  the  Mayor.  A subpoena  may  be  in  the  follow- 
ing form: — 

State  of  Alabama,  ) 

City  of  Tuscaloosa,  j 

To  the  Marshal  or  any  Policeman  of  said  City. 

Summon  C.  D.  witness  for  the  city  (or  E.  F.  witness  for  the 
defendant)  to  appear  before  the  May  or, in  said  city, at  o’clock, 

on  the  day  of  1S8  , and  from  day  to  day  there- 

after until  discharged  in  due  course  of  law,  to  give  evidence  and 
the  truth  to  speak  in  behalf  of  in  a case  now  pending 

before  said  Mayor,  in  which  the  Mayor  and  Aldermen  of  the 
city  of  Tuscaloosa,  is  plaintiff,  and  defendant, 

and  have  you  then  and  there  this  writ  with  your  endorsement 
thereon. 

Issued  the  day  of  188 

Mayor. 

Or  subpoenas  may  be  briefly  endorsed  on  the  warrant  or  sum- 
mons in  the  form  prescribed  in  this  section.  Witnesses  summon- 
ed by  subpoenas  are  bound  to  attend  from  day  to  day  until  the 
case  is  disposed  of. 

Sec.  282.  Judgment  nisi  on  default , notice , and  judg- 
ment final. — If  witnesses,  after  being  summoned,  fail  to  appear 
and  testify,  a conditional  judgment  may  be  rendered  against 
them; — and  in  such  cases  the  proceedings  may,  in  all  material 
respects,  as  to  notice,  final  judgment,  and  other  matters,  be  made 
to  conform  to  those  provided  in  the  case  of  forfeited  bail  bonds. 
The  penalty  for  the  non-attendance  of  a witness  is  fifty  dollars, 
and  judgment  nisi  must  be  entered  for  that  amount,  to  be  made 
absolute  for  the  whole  or  anv  part  thereof,  as  the  Mayor  shall 
determine. 


PENAL  CODE. 


137 


Sec.  2S3.  Witness  in  contempt. — Any  person  summoned 
as  a witness  before  the  Mayor,  or  the  Board,  who  shall  refuse  to 
answer  all  proper  questions,  shall  be  committed  to  the  city  pris- 
on, or  the  county  jail  until  he  is  willing  to  testify. 

Sec.  284.  Mayor  judge  of  law  and  fact;  technical  objec- 
tions not  allowed. — In  trials  before  the  Mayor  for  violations  of 
the  city  ordinances,  the  Mayor  shall  determine  both  the  law  and 
the  facts,  and  justice  shall  be  speedily  administered  by  him.  No 
statement  of  the  offense  need  be  made  other  than  that  contained 
in  the  summons,  or  affidavit  and  warrant  of  arrest,  and  if  the  de- 
fendant has  been  arrested  without  warrant,  the  entry  on  the 
Mayor’s  docket  of  the  offense  charged,  shall  be  treated  as  such 
statement.  It  shall  be  a sufficient  statement  of  the  offense  for 
the  affidavit,  warrant,  or  entry  on  the  Mayor’s  docket,  to  desig- 
nate the  offense  or  act  by  name,  or  by  some  other  phrase  which 
in  common  parlance  designates  it.  It  shall  be  no  objection  to 
the  proceedings  that  they  are  imperfect  or  inaccurate,  and  all 
amend-able  errors  shall  be  regarded  as  amended,  so  as  to  present 
only  the  substantial  inquiry  of  the  guilt  or  innocence  of  the  ac- 
cused. 

Sec.  285.  On  conviction , Mayor  imposes  penalty ; when 
not  prescribed,  Mayor  determines . — When  any  person  is  con- 
victed of  a breach  of  a city  ordinance,  the  Mayor  shall  impose 
such  fine,  or  other  penalty,  or  punishment  as  may  be  prescribed 
bv  law,  and  where  the  penalty  is  not  prescribed,  or  where  the 
amount  of  the  fine,  or  term  of  the  imprisonment,  or  work,  is  not 
fixed  by  law,  the  same  shall  be  determined  by  the  Mayor  in  his 
discretion;  but  no  fine  shall  exceed  one  hundred  dollars,  nor  shall 
an)  imprisonment,  or  work  on  the  streets,  or  other  work  of  or 
for  the  city,  exceed  sixty  days,  unless  the  said  convicted  person 
shall  be  hired  out  to  pay  such  fine  and  costs  imposed  upon  him. 

Sec.  286.  Proceedings  in  case  of  default  inpaying  fines. — 
Whenever  default  is  made  in  the  payment,  or  securing  the  pay- 
ment, of  any  fine  or  forfeiture  assessed  against  any  person,  and 
judgment  rendered  by  any  authority  of  the  city  of  Tuscaloosa, 
or  by  notice  of  any  by-law  or  ordinance  of  said  city,  the  Mayor 


138 


PENAL  CODE. 


or  other  officer  presiding,  shall  have  the  right  and  power  to  re- 
quire the  party  thus  being  in  default,  to  labor  on  the  public 
streets,  or  such  other  works  of  said  city  as  he  may  be  direct- 
ed, for  a time  not  exceeding  sixty  days,  as  provided  in  the  or- 
dinance violated,  and  at  the  discretion  of  the  Mayor,  or  officer 
presiding  at  such  trial:  or  the  party  may  be  hired  for  such  length 
of  time  and  at  such  rate  as  will  pay  said  fine  and  costs,  or  the 
party  may  be  committed  to  the  guard-house  or  county  jail  of  the 
county  for  a period  not  exceeding  sixty  days.  The  judgment  in 
such  case  may  be  in  the  following  form: — 

The  Mayor  and  Aldermen  of  the  City  of  Tuscaloosa. 

v. 

A.  B. 

Proceedings  for  . On  hearing  the  evidence 

the  defendant  is  found  guilty  and  fined  dollars,  and  re- 

quired to  pay  the  costs  of  the  case,  and  failing  to  pay  or  secure 
such  fine  and  costs  is  committed  to  labor  on  the  public  streets 
(or  other  works  of  said  city,  as  may  be  determined;  or  is  hired 
for  such  length  of  time  and  at  such  rate,  as  will  pay  said  fine  and 
costs,  or  is  committed  to  the  guard-house  or  county  jail,  as  the 
case  may  be),  for  days,  unless  such  fine  and  costs  are 

sooner  paid. 


Sec.  287.  Form  of  commitment  in  such  cases. — In  the 
cases  provided  for  in  the  preceding  sections,  the  form  of  commit- 
ment may  be  as  follows: — 


Mayor’s  Court. 


State  of  Alabama,  ) 

City  of  Tuscaloosa.  ( 

To  the  Marshal  of  the  City  of  Tuscaloosa  (or  the  Sheriff  of 
Tuscaloosa  County): 

You  are  hereby  commanded  to  take  the  body  of  A.  B.  and 
him  safely  keep  at  hard  labor  on  the  public  streets,  (or  such  oth- 
er work  of  said  city,  as  may  be  determined,  or  hire  him  for  such 
length  of  time  and  at  such  rate  as  will  pay  said  fine  and  costs, or, 
commit  to  the  guard-house  or  county  jail,  as  the  case  may  be), 
for  the  term  of  days,  unless  the  following  fine  and 

costs  are  paid: — 


/ 


PENAL  CODE. 


139 


Fine  -----$  

Costs  ------  

Expenses  of  keeping  - - - - 

Issued  this  day  of  iSS 

Mayor. 

Sec.  2SS.  When  convicts  hived  out , bond  required. — In 
hiring  out  a convicted  person,  the  contract  shall  be  by  bond  in  a 
penalty  of  double  the  amount  agreed  on  for  hire,  payable  to  the 
Mayor  and  Aldermen  of  the  City  of  Tuscaloosa,  with  waiver  of 
exemptions,  and  with  good  security;  and  conditioned  to  pay  the 
amount  of  hire  agreed  on,  and  to  furnish  the  convict  with  a suf- 
ficiency of  good  and  wholesome  food,  and  with  medicines,  and 
medical  attention  when  necessary. 

Sec.  289.  Amount  allowed  defendant  and  board. — Per- 
sons so  committed  to  work  shall  be  allowed  not  less  than  twenty- 
five  cents  nor  more  than  one  dollar  per  day  for  each  days’  labor 
actually  performed,  which  shall  be  credited  on  the  amount  due 
from  them,  and  they  sliall  be  charged  for  board  according  to  the 
amount  of  the  expenses  for  keeping  them.  They  shall  be  lodged 
in  the  city  guard-house  or  county  jail  at  night  and  on  Sunday, 
and  when  not  engaged  in  work. 

Sec.  290.  Convicts  committed  to  jail;  duty  of  Sheriff. — 
Whenever  any  person  is  arrested  or  convicted,  and  committed 
to  the  county  jail  for  the  violation  of  any  city  ordinance,  it  is  the 
duty  of  the  Sheriff'  of  Tuscaloosa  County  to  receive  such  person, 
upon  the  written  order  of  the  Mayor,  or  officer  presiding  at  such 
trial; — provided,  that  arrangements  be  first  made  with  the  Sher- 
iff for  the  payment  of  his  fees  for  receiving  and  feeding  the  per- 
son so  committed. 

Sec.  291.  Issue , return , and  form  of  execution. — Execu- 
tions from  the  Mayor’s  court  shall  be  issued  by  the  Mayor,  di- 
rected to,  and  executed  by  the  Marshal, — shall  be  made  return- 
able on  a day  therein  named,  not  more  than  sixty  days  from  the 
issuance  thereof, and  may  be  in  substantially  the  following  form: — 


140 


PENAL  CODE, 


State  of  Alabama,  A/r  i 

™ , - Mayor’s  Court. 

City  ot  luscaloosa.  j J 

To  the  Marshal  of  the  City  of  Tuscaloosa: 

You  are  hereby  commanded  that  of  the  goods  and  chattels, 
lands  and  tenements  of  A.  B.  you  cause  to  be  made  the  sum  of 
dollars,  damages  or  fine,  and  dollars,  costs, which 

the  Mayor  and  Aldermen  of  the  City  of  Tuscaloosa  recovered  of 
him  in  the  Mayor’s  Court  of  said  City  on  the  day  of 
1 88  , and  have  the  same  to  render  to  the  said  Mayor  and  Al- 

dermen of  the  City  of  Tuscaloosa,  and  make  return  of  this  writ,, 
and  the  execution  thereof  to  the  Mayor  of  said  City  on  the 
day  of 1S8 

Witness  my  hand  this  the  day  188 

Mayor. 

Sec.  292.  Effect  of  such  execution , and  how  executed. — 
Such  execution  shall  have  the  force  and  effect  of  executions 
from  any  of  the  Circuit  Courts  of  this  State,  and  shall  be  exe- 
cuted by  the  Marshal  in  the  same  manner  as  executions  from 
such  Circuit  Court  are  bv  law  required  to  be  executed. 

Sec.  293.  Appeals;  when  taken,  and  form  of  appeal 
bond. — Appeals  may  be  taken  to  the  Circuit  Court  of  the 
County  of  Tuscaloosa  from  any  judgment  or  decision  of  the 
Mayor  as  such.  But  no  appeal  shall  be  allowed  unless  the 
party  desiring  to  take  the  same  shall,  within  five  days  from  the 
date  of  such  judgment  or  decision,  give  an  appeal  bond,  with 
two  sufficient  sureties,  to  be  approved  by  the  Mayor,  in  twice 
the  amount  of  the  judgment  or  fine,  or  in  such  sum  as  the  May- 
or may  deem  sufficient  to  cover  the  judgment  and  costs  of  such 
Circuit  Court; — or  when  the  penalty  imposed  is  imprisonment, 
or  work  on  the  streets,  or  other  work  of  or  for  the  City,  in  such 
amount  as  the  Mayor  shall  prescribe.  Said  bond  may  be  sub- 
stantially in  the  following  form: — 

The  vState  of  Alabama,  ) A/r  , 

,y.  c } Mayors  Court. 

City  ot  luscaloosa.  j J 

We,  A.  B.  and  C.  D.  and  E.  F.  his  sureties,  acknowledge  our- 
selves to  be  indebted  to  the  Mayor  and  Aldermen  of  the  City  of 
Tuscaloosa,  in  the  sum  of  dollars,  to  be  void  if  the  said 


PENAL  CODE. 


141 


A.  B.  shall  prosecute  to  effect  an  appeal  taken  by  him  to  the 
Circuit  Court  for  the  County  of  Tuscaloosa,  in  said  State,  from 
a judgment  rendered  by  the  Mayor  of  said  City,  on  the  day 
of  188  , in  favor  of  the  said  Mayor  and  Aldermen, 

and  against  said  A.  B.  for  dollars,  besides  all  the  costs 

of  the  proceedings,  and  failing  therein,  shall  satisfy  such  judg- 
ment as  said  Circuit  Court  may  render  in  the  premises. 

Given  under  our  hands  and  seals  this  day  of  188 

A.  B.  (Seal.) 

C.  D.  (Seal.) 

E.  F.  (Seal.) 

Approved, Mayor. 

Sec.  294.  Papers  returned  to  Circuit  Court. — When  an 
appeal  is  taken  in  any  case,  the  Mayor  shall  transfer  to  the 
Clerk  of  the  Circuit  Court  the  original  papers  in  said  appeal 
cases,  and  a copy  of  all  the  proceedings  had  in  his  said  Court, 
with  a certificate  that  the  same  are  true  and  correct.  He  must 
also  notify  the  City  Attorney  of  such  appeal,  and  furnish  him 
with  a list  of  the  witnesses  for  the  City  summoned  before  the 
Mayor,  and  such  facts  and  assistance  as  the  city  may  be  able  to 
render. 

Sec.  295.  Mayor  may  require  bond  to  keep  peace. — When 
any  person  is  convicted  of  the  violation  of  a city  ordinance,  or 
when  there  is  reason  to  apprehend  that  anv  person  intends  or  is 
about  to  commit  a breach  of  the  peace,  or  of  any  ordinance,  the 
Mavor  may  require  such  person  to  give  bond,  with  good  securi- 
ty, in  such  amount  as  he  may  deem  reasonable,  payable  to  the 
Mayor  and  Aldermen  of  the  City  of  Tuscaloosa,  conditioned 
that  such  person  shall  keep  the  peace  and  be  of  good  behavior 
for  a period  not  exceeding  twelve  months; — and  will  not  violate 
such  ordinance  of  the  City  of  Tuscaloosa.  And  if  such  person 
fail  or  refuse  to  give  such  bond,  he  shall  be  committed  to  the 
guard-house  or  the  county  jail  for  not  exceeding  sixty  days,  un- 
less such  bond  be  given  before  the  expiration  of  that  time.  When 
such  person  is  a minor,  the  parent,  guardian,  or  employer  of  the 
minor  may  give,  or  cause  the  bond  to  be  given.  And  from  an 
order  or  judgment  of  the  Mayor  requiring  such  bond  an  appeal 
lies  as  in  other  cases. 


142 


PENAL  CODE. 


CHAPTER  II. 

OFFENSES  AGAINST  PROPERTY,  PUBLIC 
AND  PRIVATE. 

Section. 

296.  Value  of  Property  stolen. 

297.  Larceny. 

298.  Burglary. 

299.  Injury  to  property. 

300.  Breaking  with  intent  to  steal,  etc. 

301.  Implements  of  burglary. 

302.  Receiving  stolen  property. 

303.  False  pretenses. 

304.  Falsely  personating  another. 

305.  Receiving  embezzled  property. 

306.  Selling  mortgaged  property. 

307.  Embezzlement  by  agent,  etc. 

308.  Embezzlement  by  officer. 

309.  Exhibiting  false  sample. 

310.  Taking  cotton  from  bale. 

311.  False  mark  or  brand. 

312.  Malicious  injury  to  animals. 

313.  Injuring  public  buildings,  etc. 

314.  Injury  to  fences  and  property. 

315.  Injuring  lamps,  etc. 

316.  Injuring  telegraph  and  telephone  poles. 

317.  Injuring  trees,  etc. 

318.  Hitching  horses. 

319.  Forgery. 

320.  Embezzlement  by  officer  of  city. 

321.  Trespass  after  warning. 

322.  Embezzlement  by  common  carrier. 

323.  Cruelty  to  animals. 

324.  Removing  sign-boards  and  gates. 

325.  Defacing  tombstones,  etc. 

326.  Injuring  trees  or  committing  other  trespass  in  cemetery. 

Sec.  296.  Value  of  property  stolen. — When  a conviction 
is  had  under  any  section  of  this  Code  for  an  injury  to  property, 


PENAL  CODE. 


-143 


said  injury  being  occasioned  by  larceny,  burglary,  embezzle- 
ment, false  pretenses,  unlawful  injury'  or  in  any  other  manner 
denounced  by  this  Code,  in  addition  to  the  fine  or  imprisonment 
specified  for  such  offense,  the  convicted  party  shall  be  fined  the 
value  of  the  property  stolen,  embezzled,  or  otherwise  obtained 
or  injured,  if  not  restored,  or  the  damage  thereto,  if  injured  and 
restored,  which  shall  be  paid  to  the  owner  thereof,  when  col- 
lected. 

Sec.  297.  Larceny . — Any  person  committing  a larceny  with- 
in the  corporate  limits  of  said  city  shall,  on  conviction,  be  fined 
not  exceeding  one  hundred  dollars,  and  may  be  imprisoned,  or 
sentenced  to  hard  labor  for  the  city  for  not  exceeding  sixty 
days. 

Sec.  298.  Burglary. — Any  person  committing  a burglary 
within  the  corporate  limits  of  said  city  shall,  on  conviction,  be 
fined  not  exceeding  one  hundred  dollars,  and  may  be  imprison- 
ed or  sentenced  to  hard  labor  for  the  city  for  not  exceeding  thirty 
days. 

Sec.  299.  Injury  to  property. — Any  person  who  malicious- 
ly, mischievously,  wilfully,  or  unlawfully  injures  or  destroys  any 
property,  real,  personal,  or  mixed,  of  another,  within  the  cor- 
porate limits,  shall  be  deemed  guilty  of  a misdemeanor,  and  on 
conviction,  shall  be  fined  ten  dollars,  and  may  be  imprisoned  or 
sentenced  to  hard  labor  for  the  city  for  not  exceeding  thirty  days. 

Sec.  300.  Breaking  with  intent  to  steal,  etc . — Any  person 
who.  either  in  the  night  or  daytime,  with  intent  to  steal,  or  to 
commit  a felony,  or  to  disturb  any  person  residing  therein, breaks 
into  and  enters  a dwelling-house,  or  any  building  within  the 
curtilage  of  a dwelling-house,  though  not  forming  a part  there- 
of; or  into  anv  shop,  store,  warehouse, or  other  building  in  which 
goods  or  other  valuable  things  are  kept  for  use,  sale,  or  deposit, 
must,  on  conviction,  be  fined  not  less  than  twenty  nor  more  than 
one  hundred  dollars,  and  may  be  imprisoned  or  put  to  hard  labor 
for  the  city  for  not  exceeding  sixty  days. 

Sec.  301.  Implements  of  burglary . — Any  person  who  has 
in  his  possession  any  implement,  or  instrument,  designed  or  in- 


144 


PENAL  CODE. 


tended  by  him  to  aid  in  the  commission  of  a burglary  or  larceny, 
must,  on  conviction,  be  fined  not  less  than  ten  nor  more  .than  one 
hundred  dollars,  and  may  be  imprisoned  or  sentenced  to  hard 
labor  for  the  city  for  not  exceeding  thirty  days. 

Sec.  302.  Receiving  stolen  property . — Any  person  who 
buys,  conceals,  receives,  or  aids  in  buying,  concealing,  or  receiv- 
ing any  personal  property  whatever,  knowing  that  it  has  been 
stolen,  and  with  no  intent  to  return  it  to  the  owner,  must,  on 
conviction,  be  fined  not  exceeding  twenty-five  dollars,  and  may 
be  imprisoned,  or  sentenced  to  hard  labor  for  the  city,  for  not  ex- 
ceeding thirty  days. 

Sec.  303.  False  pretenses. — Any  one  who  by  any  false  pre- 
tense or  token  whatever,  and  with  the  intend  to  injure  or  de- 
fraud, obtains  from  another  any  money,  or  other  personal  prop- 
erty, must,  on  conviction,  be  fined  not  less  than  ten  nor  more 
than  one  hundred  dollars,  and  may  be  imprisoned,  or  sentenced 
to  hard  labor  for  the  city  for  not  exceeding  sixty  days. 

Sec.  304.  Falsely  personating  another. — Any  person  who, 
by  falsely  personating  another,  and  with  the  intent  to  injure  or 
defraud,  obtains  or  receives  any  property  intended  to  be  deliver- 
ed to  another,  must,  on  conviction,  be  fined  not  less  than  ten  nor 
more  than  one  hundred  dollar^,  and  may  be  imprisoned,  or  sen- 
tenced to  hard  labor  for  the  city  for  not  exceeding  thirty  days. 

Sec.  305.  Receiving  embezzled  property. — Any  person 
who  buys  or  receives  property,  knowing  that  it  has  been  em 
bezzled  or  fraudulently  converted,  or  secreted,  with  intent  to 
prevent  the  recovery  thereof,  or  to  defraud  the  rightful  owner, 
must,  on  conviction,  be  fined  not  less  than  ten  nor  more  than 
one  hundred  dollars,  and  may  be  imprisoned,  or  sentenced  to 
hard  labor  for  the  city  for  not  exceeding  sixty  days. 

Sec.  306.  Selling  mortgaged  property . — Any  person  who 
sells,  destroys,  injures,  or  conceals  any  personal  property,  upon 
which  said  property  there  is  a valid  lien  or  mortgage  given  to 
secure  the  payment  of  a debt  or  obligation,  without  first  obtain- 
ing the  consent  of  the  person  who  is  beneficiary  or  owner  of  such 
lien  or  mortgage,  must,  on  conviction,  be  fined  not  less  than  ten 


PENAL  CODE. 


145 


nor  more  than  one  hundred  dollars,  and  may  be  imprisoned,  or 
sentenced  to  hard  labor  for  the  city  for  not  exceeding  sixty  days. 

Sec.  307.  Embezzlement  by  agent , etc. — Any  private  bank- 
er, commission  merchant,  auctioneer,  factor,  broker,  attorney, 
or  other  agent  or  person  who  sells  or  disposes  of  property  for 
another,  and  refuses  for  three  days  after  demand  made,  by  the 
person  entitled  to  the  same,  or  his  agent  or  attorney,  to  pay  the 
amount  to  which  such  person  is  entitled,  must,  on  conviction, be 
fined  not  less  than  ten  nor  more  than  one  hundred  dollars,  and 
may  be  imprisoned,  or  sentenced  to  hard  labor  for  the  city,  for 
not  exceeding  sixty  days. 

Sec.  308.  Embezzlement  by  officer. — Any  Mayor,  Tax  Col- 
lector, Secretary,  Marshal,  or  other  officer  of  the  City  of  Tusca- 
loosa, who  fraudulently  secretes,  embezzles,  or  converts  to  his 
own  use  any  money  paid  into  his  office,  or  that  comes  into  his 
hands  under  any  law  authorizing  such  payment,  or  by  virtue  of 
his  being -such  officer,  shall  be  punished  as  if  he  had  stolen  the 
same. 

Sec.  309.  Exhibiting  false  sample. — Any  person  who 
fraudulently  exhibits  any  false  sample  of  any  cotton,  or  any  oth- 
er article  or  commodity,  by  means  whereof  any  person  is  injur- 
ed, must,  on  conviction,  be  fined  not  less  than  ten  nor  more  than 
one  hundred  dollars,  and  may  be  imprisoned  or  sentenced  to  hard 
labor  for  the  city  for  not  exceeding  sixty  days. 

Sec.  310.  Taking  cotton  from  bale. — Any  person  who 
knowingly  and  unlawfully  takes  from  any  bale  of  cotton  any 
part  thereof,  without  the  authority  of  the  owner,  consignee,  or 
agent,  must,  on  conviction,  be  fined  not  exceeding  twenty-five 
dollars,  and  may  be  imprisoned  or  put  to  hard  labor  for  the  city 
for  not  exceeding  thirty  days. 

Sec.  3 1 1 . False  mark  or  brand. — Any  person  who,  with 
intent  to  defraud,  marks  or  brands  any  unmarked  horse,  mule, 
cow,  hog,  sheep,  goat,  or  other  domestic  animal,  the  property  of 
another,  or  alters  or  defaces  the  mark  or  brand  of  such  animal, 
must,  on  conviction,  be  fined  not  exceeding  fifty  dollars,  and  may 
be  imprisoned,  or  sentenced  to  hard  labor  for  the  city  for  not  ex- 
ceeding sixty  days. 


146 


PENAL  CODE. 


Sec.  312.  Malicious  injury  to  animals . — Any  person  who 
unlawfully  or  maliciously  kills,  disables,  disfigures,  destroys,  or 
injures  any  animal,  or  other  article  or  commodity  of  value,  the 
property  of  another,  must,  on  conviction,  be  fined  not  exceeding 
twenty-five  dollars,  and  may  be  imprisoned,  or  sentenced  to  hard 
labor  for  the  city  for  not  exceeding  thirty  days. 

Sec.  313.  Injuring  public  buildings , etc . — Any  person 
who  unlawfdlly  or  wilfully  injures  or  defaces  any  church, school- 
house,  or  other  building,  belonging  to  the  State,  County,  City, 
or  a private  person,  or  writes  or  draws  figures,  letters,  or  char- 
acters on  the  walls  or  other  part  thereof,  must,  on  conviction,  be 
fined  not  exceeding  twenty-five  dollars,  and  may  be  imprisoned, 
or  sentenced  to  hard  labor  for  the  city  for  not  exceeding  thirty 
days. 

Sec.  314.  Injury  to  fences  and  property. — Any  person 
who  unlawfully,  wilfully,  or  maliciously  breaks,  throws  down, 
or  destroys  any  fence  or  other  enclosure,  the  property  of  another, 
or  tears  up,  overturns,  or  misplaces  any  wooden  bridge  or  cross- 
ing, made  for  vehicles  or  pedestrians,  in  said  city,  must,  on  con- 
viction, be  fined  not  exceeding  one  hundred  dollars,  and  may  be 
imprisoned,  or  sentenced  to  hard  labor  for  the  city  for  not  ex- 
ceeding thirty  days. 

Sec.  315.  Injuring  lamps , etc . — Any  person  who  wilfully, 
unlawfully,  or  maliciously  injures,  defaces,  destroys,  or  removes 
from  its  proper  place  any  lamp-post,  or  lamp,  or  who  unlawful- 
ly and  wilfully  puts  out  any  lamp,  within  the  city,  shall,  on  con- 
viction. be  fined  not  exceeding  twenty-five  dollars,  and  may  be 
imprisoned,  or  sentenced  to  hard  labor  for  the  city  not  exceed- 
ing thirty  days. 

Sec.  316.  Injuring  telegraph  or  telephone  poles. — Any 
person  who  unlawfully  or  wilfully  cuts,  pulls  down,  destroys,  or 
in  any  manner  injures  any  telegraph  or  telephone  wire,  or  any 
post  or  part  thereof,  must,  on  conviction,  be  fined  not  exceeding 
ten  dollars,  and  may  be  imprisoned,  or  put  to  hard  labor  for  the 
city  not  exceeding  thirty  days. 

Sec.  317.  Injuring  trees , etc. — Any  person  who  unlawfully 


PENAL  CODE. 


147 


or  maliciously  cuts  down,  destroys,  injures,  or  defaces  any  tree, 
or  shrubbery  planted  or  preserved  for  shade  or  ornament  in  any 
public  street  or  square,  or  in  any  yard  or  grounds,  the  property 
of  another,  or  of  the  city,  must,  on  conviction,  be  fined  not  ex- 
ceeding twenty-five  dollars,  and  may  be  imprisoned,  or  sen- 
tenced to  hard  labor  for  the  city,  not  exceeding  thirty  days. 

Sec.  318.  1 [itching  horses. — Any  person  who  hitches  or 

fastens  stock  of  any  kind  to  the  shade  or  ornamental  trees  of  this 
city,  or  to  the  boxing  around  them,  or  to  the  fences  or  enclosures 
of  public  or  private  property,  shall,  on  conviction,  be  fined  not 
exceeding  ten  dollars. 

Sec.  319.  Forgery. — Any  person  who,  with  intent  to  injure 
or  defraud,  utters  and  publishes  as  true  any  falsely  altered,  forg- 
ed, or  counterfeited  bill,  note,  draft,  check,  certificate,  or  other 
evidence  of  debt,  knowing  the  same  to  be  altered,  forged,  or 
counterfeited,  must,  on  conviction,  be  fined  not  exceeding  one 
hundred  dollars,  and  may  be  imprisoned,  or  sentenced  to  hard 
labor  for  the  city  for  not  exceeding  sixty  days. 

Sec.  320.  Embezzlement  by  oMoer  of^city. — Any  officer  of 
this  city,  who  is  employed  in  collecting,  receiving,  or  disbursing 
any  part  of  the  revenue  of  said  city,  or  who  collects,  receives,  or 
disburses  any  of  the  fines  or  forfeitures,  or  other  money  due  said 
city,  and  who  knowingly  converts  the  same  to  his  own  use,  or 
otherwise  misapplies  any  part  of  the  funds  or  money  collected 
by  him,  or  which  may  come  into  his  hands  by  virtue  of  his  em- 
ployment, must,  on  conviction,  be  fined  not  exceeding  one  hun- 
dred dollars,  and  may  be  imprisoned,  or  put  to  hard  labor  for 
the  citv  for  not  exceeding  sixty  days. 

Sec.  321.  Trespass  after  warning. — Any  person  who, 
without  legal  cause  or  good  excuse,  enters  into  the  dwelling- 
house,  or  on  the  premises  of  another,  after  having  been  warned 
within  six  months  preceding  not  to  do  so,  is  guilty  of  a misde- 
meanor, and  on  conviction,  must  be  fined  not  exceeding  twenty- 
five  dollars,  and  may  be  imprisoned,  or  sentenced  to  hard  labor 
for  the  city  for  not  exceeding  thirty  days. 

Sec.  322.  Embezzlement  by  common  carrier. — Any  com- 
mon carrier,  or  other  person,  to  whom  any  money  or  property 


148 


PENAL  CODE. 


has  been  delivered  to  be  carried  for  hire,  and  who  embezzles,  or 
fraudulently  converts  to  his  own  use,  or  fraudulently  secretes 
with  intent  to  convert  to  his  own  use,  such  money,  or  other 
property,  or  any  part  thereof,  must,  on  conviction,  be  fined  not 
exceeding  one  hundred  dollars,  and  may  be  imprisoned,  or  sen- 
tenced to  hard  labor  for  the  city  for  not  exceeding  sixty  days. 

Sec.  323.  Cruelty  to  animals . — Any  person  who  shall  wil- 
fully beat,  abuse,  or  injure  any  horse,  mule,  mare,  gelding,  cow, 
sheep,  ox,  goat,  dog,  or  any  other  dumb  brute  in  a cruel  or  in- 
human manner,  or  who  shall  work,  or  ride  any  horse,  mule,  or 
oxen,  when  sick  or  unfit  for  use  by  reason  of  its  poor  condition, 
knowing  the  same  to  be  so,  or  who  neglects  to  feed  said  animal, 
shall,  on  conviction,  be  fined  not  exceeding  twenty-five  dollars, 
and  may  be  imprisoned,  or  sentenced  to  hard  labor  for  the  city 
for  not  exceeding  thirty  days. 

Sec.  324.  Removing  sign-boards  and  gates- — Any  person 
who  breaks,  removes,  throws  down,  or  destroys  any  gate, or  any 
step  or  door  of  a house,  or  shall  take  down,  deface, or  carry  away 
any  sign-board,  plate,  or  card,  which  indicates  the  name,  or  oc- 
cupation, or  business  of  any  person,  shall  be  fined  not  exceeding 
ten  dollars. 

Sec.  325.  Defacing  tombstones , etc - — Any  person  who  wil- 
fully injures,  defaces,  or  destroys  any  tomb,  monument,  grave- 
stone, or  memorial  within  the  enclosure  of  any  cemeter)  or  bury - 
in"  "round,  shall,  on  conviction,  be  fined  not  more  than  twenty- 
five  dollars,  and  may  be  imprisoned,  or  put  to  hard  labor  for  the 
city  for  not  exceeding  thirty  days. 

Sec.  326.  Injuring  trees , or  committing  other  trespass  in 
cemetery. — Any  person  who  breaks,  cuts,  disfigures,  defaces, or 
injures  any  tree,  shrub,  or  plant  within  the  enclosure  of  any 
cemetery,  or  any  railing  or  enclosure  therein,  or  injures  or  de- 
faces in  any  way  the  fence  around  such  cemetery,  or  climb  orsit 
on  such  fence,  or  commits  any  trespass  or  nuisance  in  such  ceme- 
tery, or  hitches  any  horse  or  other  animal  to  any  tree  or  shrub 
therein,  or  rides  or  drives  therein  faster  than  a walk,  shall,  on  con- 
viction, be  fined  not  exceeding  ten  dollars. 


PENAL  CODE. 


149 


CHAPTER  III. 

OFFENSES  AGAINST  THE  PERSON. 

Section. 

327.  Duty  of  the  Mayor  to  bind  over. 

328.  Assaults,  and  assaults  and  batteries. 

329.  Assault  with  intent  to  murder. 

330.  Using  fire-arms  while  fighting  in  a public  place. 

331 . Assault  and  battery  with  a weapon. 

332.  Affrays  and  riots. 

333.  Intimidation. 

334.  Disturbance,  false  alarm  of  fire,  drunkenness,  etc. 

Sec.  327.  Duty  of  Mayor  to  bind  over. — It  shall  be  the 
duty  of  the  Mayor,  when  any  person  is  convicted  before  him  of 
an  assault  and  battery  with  a deadly  weapon,  an  assault  with 
intent  to  murder,  a grand  larceny,  or  a burglary,  and  in  such 
-other  cases  as  he  deems  proper,  to  bind  the  party  over  to  the 
next  term  of  the  circuit  court  of  said  county,  in  such  sum,  with 
good  security,  as  will  insure  his  appearance  there  to  answer  the 
offense,  and,  in  default  of  giving  bail,  to  commit  him  to  the 
county  jail  to  answer  said  charge  against  him. 

Sec.  328.  Assaults,  and  assaults  and  batteries. — Any 
person  who  is  guilty  of  an  assault,  or  an  assault  and  battery, 
must,  on  conviction,  be  fined  not  exceeding  one  hundred  dollars, 
and  may  be  imprisoned,  or  sentenced  to  hard  labor  for  not  ex- 
ceeding thirty  days. 

Sec.  329.  Assault  with  intent  to  murder. — Any  person 
committing  an  assault  with  intent  to  murder  within  said  city, 
must,  on  conviction,  be  fined  not  exceeding  one  hundred  dollars, 
and  may  be  imprisoned,  or  put  to  hard  labor  for  the  city  not  ex- 
ceeding sixty  days. 

Sec.  330.  Using  fire  arms  while  fighting  in  a public  place. 
Any  person  who,  while  fighting  in  the  streets  or  other  public 


150 


PENAL  CODE. 


place  in  the  city,  uses  or  attempts  to  use,  except  in  self-defense, 
any  kind  of  fire  arms,  must,  on  conviction,  be  fined  not  exceed- 
ing twenty-five  dollars,  and  may  be  imprisoned,  or  put  to  hard 
labor  for  the  city,  not  exceeding  thirty  days. 

Sec.  331.  Assault  and  battery  with  weapon. — Any  person 
who  is  guilty  of  an  assault,  or  an  assault  and  battery  with  a 
weapon,  must,  on  conviction,  be  fined  not  exceeding  one  hun- 
dred dollars,  and  may  be  imprisoned,  or  put  to  hard  labor  for 
the  city,  not  exceeding  thirty  days. 

Sec.  332.  Affrays  and  riots. — All  persons  guilty  of  an  af- 
fray, or  of  a riot  or  riots,  by  witnessing,  encouraging,  engaging 
in,  or  in  any  other  manner  whatsoever,  must,  on  conviction,  be 
fined  not  exceeding  one  hundred  dollars,  and  may  be  imprison- 
ed, or  sentenced  to  hard  labor  for  the  city,  not  exceeding  sixty 
days. 

Sec.  333.  Intimidation. — Any  two  or  more  persons  who 
abuse,  whip,  or  beat  any  person,  upon  any  accusation,  real  or 
pretended,  or  force  such  person  to  confess  himself  guilty  of  an 
offense,  or  make  any  disclosures,  or  consent  to  leave  the  neigh- 
borhood, County,  or  State,  must,  on  conviction,  be  each  fined 
the  sum  of  one  hundred  dollars,  and  may  be  imprisoned,  or  put 
to  hard  labor  for  the  city,  not  exceeding  sixty  days. 

Sec.  334.  Disturbance , false  alarm  of  fire,  drunkenness, 
etc. — Any  person  who  wilfully  disturbs  the  peace  of  others  by 
violent,  offensive,  boisterous,  or  tumultuous  conduct,  or  carriage, 
or  by  loud  or  unusual  noises,  or  by  profane,  obscene,  or  offensive 
language,  or  by  language  calculated  to  provoke  a breach  of  the 
peace,  or  makes  or  causes  a false  alarm  of  fire,  or  who  is  found 
on  the  streets,  or  in  any  public  place  in  a state  of  drunkenness, 
or  who  being  drunk  anywhere  so  as  to  interfere  with  the  rights, 
comfort,  or  business  or  convenience  of  others,  shall,  on  convic- 
tion thereof,  be  fined  not  exceeding  fifty  dollars,  and  may  be  im- 
prisoned, or  put  to  hard  labor  for  the  city  for  not  exceeding  sixty 
days. 


✓ 


PEN AI-  CODE. 


151 


CHAPTER  IV. 

OFFENSES  AGAINST  MORALITY. 

Section. 

335.  Card  playing  at  public  places;  betting  on  such  games. 

336.  Keeping  ganging  table,  keno,  etc. 

337.  Betting  at  gaming  table,  etc. 

338.  Betting  with  minor,  etc. 

339.  Retailers,  etc.,  permitting  gaming. on  their  premises. 

340.  Renting  room,  etc.,  l'or  gaming  purposes. 

341.  Cock  fighting. 

342.  Horse  racing. 

343.  Working  on  Sunday. 

344.  Games  on  Sunday. 

345.  Barbering  on  Sunday. 

346.  Exceptions  to  working  on  Sunday. 

347.  Keeping  open  doors  on  Sunday. 

348.  Public  prostitutes, 

349.  Renting  house  for  prostitution. 

350.  Disorderly  houses. 

351.  Riding  or  walking  with  prostitutes  in  public  places. 

352.  Indecent  exposure  and  nuisance. 

353.  Obscene  language  or  indecent  conduct  in  presence  of  females. 

354.  Selling  lewd  pictures. 

355.  Adultery  and  fornication. 

356.  Bigamy. 

357.  Incest. 

258.  Intermarriage  between  whites  and  negroes. 

359.  Party  performing  ceremony. 

360.  Abortion. 

361.  Selling  or  giving  liquor  on  Sunday. 

362.  Retailing  spirituous  liquors  without  license. 

363.  Mayor  may  prohibit  selling  on  certain  occasions,  or  suspend 

license. 

Sec.  335.  Card  playing  in  public  places,  betting  on  such 
games . — Any  person  who  plays  at  any  game  with  cards,  dice, 
or  any  device  or  substitute  for  either  cards  or  dice, at  any  tavern, 


152 


PENAL  CODE. 


inn,  storehouse  for  retailing  spirituous  liquors,  or  house  or  place, 
where  spirituous  liquors  are  retailed,  sold,  or  given  away,  or  in 
any  public  house,  highway,  or  other  public  place,  or  who  bets 
or  hazards  any  money  or  other  thing  of  value  at  or  on  any  such 
game,  played  at  any  of  the  places  above  mentioned,  must,  on  con- 
viction, be  fined  not  less  than  five  nor  more  than  fifty  dollars. 

Sec.  336.  Keeping  gaming  table,  keno,  etc. — Any  person 
who  keeps,  exhibits,  or  conducts,  or  is  concerned  in  keeping, ex- 
hibiting, or  conducting  any  faro  bank,  or  bank  of  like  kind,  or 
anv  game  of  keno,  or  game  of  like  kind,  or  any  table  for  gaming 
of  whatsoever  name,  kind,  or  description,  for  which  no  license 
is  provided  by  the  ordinances  of  this  city,  must,  on  conviction, 
be  fined  not  less  than  five  nor  more  than  fifty  dollars. 

Sec.  337.  Betting  at  gaming  tables,  etc. — Any  person  who 
hets  or  hazards  any  money  or  other  thing  of  value  at  any  bank, 
game,  or  gaming  table  prohibited  in  the  preceding  section,  or 
at  billiards,  pool,  or  ten  pins,  or  other  table  or  alley  for  which  a 
license  is  provided  by  the  ordinances  of  the  city,  or  whether 
regularly  licensed  or  not.  except  the  charge  for  the  use  of  said 
billiard  or  pool  table,  or  ten  pin  alley,  must,  on  conviction  there- 
of be  fined  not  exceeding  twenty-five  dollars. 

Sec.  338.  Betting  with  minor,  etc. — Any  person  who, 
being  of  full  age,  bets  or  hazards  any  money,  or  other  thing  of 
value  with  a minor,  student,  or  pupil  of  any  school,  academy,  or 
university,  or  who  allows  any  minor,  student,  or  pupil  of  any 
school,  academy,  or  university,  to  bet  or  hazard  money,  or  any- 
thing ^f  value,  at  any  ten  pin  alley,  billiard  table,  or  any  gaming 
table,  or  any  game  of  keno,  exhibited  or  conducted  by  him,  or  ill 
which  he  is  interested  or  concerned,  (whether  such  table,  alley, 
or  game  be  regularly  licensed  or  not),  or  who  allows  any  minor, 
student,  or  pupil  of  any  school,  academy,  or  university,  to  play 
at  such  table,  game,  or  alley,  without  the  written  consent,  or  in 
the  actual  presence  of  the  parent  or  guardian  of  such  minor, must, 
on  conviction,  be  fined  not  exceeding  twenty-five  dollars. 

Sec.  339.  Retailers , etc.,  permitting  gaming  on  their 
premises. — Anv  person  who,  being  a licensed  retailer,  or  the 


PENAL  CODE. 


153 


keeper,  proprietor,  owner,  superintendent  of  any  tavern,  inn,  or 
other  public  house,  or  of  any  house  where  spirituous,  vinous,  or 
malt  liquors  are  sold,  or  given  away,  or  of  any  out-house  where 
people  resort,  knowingly  suffers  any  of  the  offenses  prohibited 
by  the  preceding  sections  to  be  committed  in  his  house  or  on  his 
premises,  must,  on  conviction,  be  fined  not  exceeding  twenty-five 
dollars. 

Sec.  340.  Renting  room,  etc.,  for  gaming  purposes. — Any 
person  who,  being  the  owner,  proprietor,  or  manager  of  any 
house,  booth,  or  tent,  rents  or  leases  the  same  to  be  used  for  gam- 
ing purposes,  or  for  the  exhibition  of  any  gaming  table  not 
regularly  licensed  under  the  ordinances  of  this  city,  or  knowing- 
ly permits  the  same  to  be  used  for  any  such  purpose,  must,  on 
conviction  thereof,  be  fined  not  exceeding  twenty-five  dollars. 

Sec.  341.  Cook  fighting. — Any  person  who  fights  any 
chickens,  dogs,  or  other  fowls  or  animals,  or  who  causes  them 
to  be  fought  in  this  city,  or  who  is  concerned  or  engaged  in  such 
fight,  or  who  bets  or  hazards  any  money  or  thing  of  value  on 
the  result  of  such  fight,  shall  be  fined  on  conviction  thereof,  the 
sum  of  not  less  than  ten  nor  more  than  fifty  dollars. 

Sec.  342.  Horse  racing. — Any  person  who  shall  engage  in 
any  horse  race,  or  shall  be  in  any  way  interested  therein,  within 
the  corporate  limits  of  this  city,  shall  on  conviction  thereof,  be 
fined  not  exceeding  twenty-five  dollars. 

Sec.  343.  Working  on  Sunday. — Any  tradesman,  laborer, 
or  other  person  whatsoever,  who  shall  do  or  exercise  any  world- 
ly labor,  or  work  of  their  ordinary  calling  on  Sunday,  (works  of 
necessity,  charity,  'md  the  necessary  occasions  of  the  family  ex- 
cepted,) shall,  on  conviction,  be  fined  ten  dollars. 

Sec.  344.  Games  on  Sunday. — Any  person  or  persons, who 
shall  engage  in  any  game  of  sport, or  make  any  public  exhibition 
for  amusement  on  Sunday,  shall,  on  conviction,  be  fined  not  ex- 
ceeding ten  dollars  each. 

Sec.  345.  Barber ing  on  Sundays. — All  barbers  in  this  city 
may  keep  open  their  place  of  business  until  ten  o’clock  A.  M. 
on  Sunday,  but  not  after,  and  for  'any  violation  of  this  ordinance 
the  owner  thereof,  or  the  barber  or  workman  performing  the 
service,  must,  on  conviction,  be  fined  not  exceeding  ten  dollars. 


154 


PEN  AT.  CODE. 


Sec.  346.  Exceptions  to  working  on  Sunday. — The  laws 
of  this  city,  with  regard  to  a decent  observance  of  Sunday,  shall 
not  apply  to  keeping  open  ice-houses,  bath-houses,  drug-stores, 
hotels,  restaurants,  street-cars,  and  livery  stables,  nor  to  steam- 
boat or  railroad  trains  arriving  or  departing  on  that  day;  nor  to 
express,  telephone,  and  telegraph  companies. 

Sec.  347.  Keeping  open  doors  on  Sunday. — Any  store- 
keeper, groceryman,  or  keeper  of  any  retail  or  confectionary  es- 
tablishment whatever,  within  the  city,  who  keeps  open  doors, 
or  who  is  in  the  habit  of  selling,  buying,  or  delivering  any  mer- 
chandise, liquor,  or  other  article,  (goods  upon  storage  excepted  ) 
on  Sunday,  must  on  conviction,  be  fined  not  exceeding  twenty- 
five  dollars  for  each  and  every  offense;  Provided , this  section 
shall  not  apply  to  hotels,  boarding-houses,  drug-stores,  apothe- 
cary shops,  physician’s  offices,  restaurants,  ice-houses,  or  livery 
stables,  in  their  business  as  such. 

Sec.  348.  Prostitutes. — All  public  prostitutes,  or  such  per- 
sons who  lead  a notoriously  lewd  or  lascivious  course  of  life, and 
all  persons  who,  not  being  legally  married,  shall  cohabit  or  live 
together  as  man  and  wife,  shall,  on  conviction,  be  fined  not  ex- 
ceeding fifty  dollars,  and  for  the  second  offense  may  be  impris- 
oned or  put  to  hard  labor  for  the  city  for  not  exceeding  thirty 
days,  in  addition  to  said  fine. 

Sec.  349.  Renting  house  for  prostitution. — Any  person 
who  shall  keep  a house  for  the  purpose  of  prostitution,  or  who 
shall  knowingly  rent  a house  to  be  kept  for  such  purpose,  or  be 
in  any  wise  interested  in  keeping  or  renting  such  house, as  agent 
or  otherwise,  shall  be  guilt)  of  a misdemeanor,  and  on  convic- 
tion, shall  be  fined  not  exceeding  twenty-five  dollars. 

Sec.  350.  Disorderly  houses. — Any  person  who  shall  per- 
mit on  or  about  their  premises,  riotous  or  disorderly  conduct,  or 
who  shall  permit  persons  to  visit  their  houses,  and  engage  in 
lewd  and  lascivious  conversation, loud  noises, cursing, or  swearing, 
shall,  on  conviction,  be  fined  not  exceeding  twenty-five  dollars. 

Sec,  351.  Riding  or  walking  with  prostitute  in  pitblic 
place. — Any  male  person  over  the  age  of  sixteen  years,  except 
an  officer  in  the  discharge  of  his  duty,  who  rides  or  walks 
through  the  public  squares,  or  the  streets,  or  other  public  places 


PENAL  CODE. 


155 


of  the  city,  with  any  public  prostitute  or  woman  of  ill-fame, 
shall,  on  conviction,  be  fined  not  exceeding  ten  dollars.  And  to 
establish  the  character  of  such  woman,  it  shall  be  sufficient  to 
prove  that  she  resides  in,  or  is  in  the  habit  of  visiting  a bawdy 
house,  or  house  of  ill-fame. 

Sec.  352.  Indecent  exposure  and  nuisance. — Any  person 
who  exposes  the  person  in  an  indecent  manner,  or  does  any  ob- 
scene or  indecent  act,  or  any  nuisance  in  any  alley,  street,  or  oth- 
er public  place,  must,  on  conviction,  be  fined  not  exceeding 
twenty-five  dollars. 

Sec.  353.  Obscene  language  or  indecent  conduct  in  pres- 
ence of  females. — Any  person  who  uses  profane  or  obscene 
language,  or  does  any  indecent  act  in  the  view  or  hearing  of  any 
female,  shall,  on  conviction,  be  fined  not  less  than  five  nor  more 
than  twenty-five  dollars. 

Sec.  354.  Selling  lewd  pictures. — Any  person  who  sells  or 
offers  for  sale,  or  exposes  to  view,  any  lewd  or  indecent  pictures, 
prints,  books,  figures  or  papers,  shall,  on  conviction  thereof,  be 
fined  ten  dollars. 

Sec.  355.  Adultery  or  fornication. — Any  person  who  is 
guilty  of  living  in  adultery  or  fornication,  shall,  on  conviction, 
be  fined  not  less  than  ten  nor  more  than  one  hundred  dollars. 

Sec.  356.  Bigamy. — If  any  person,  having  a former  wife  or 
husband  living,  marries  another,  or  continues  to  cohabit  with 
such  second  husband  or  wife,  in  said  city,  he  or  she  shall,  on 
conviction,  be  fined  not  exceeding  one  hundred  dollars. 

Sec.  357.  Incest. — Any  person  guilty  of  the  crime  of  incest, 
or  of  cohabitation  contrary  to  the  order  of  nature,  shall,  on  con- 
viction thereof,  be  fined  not  exceeding  one  hundred  dollars. 

Sec.  358.  Intermarriage  between  whites  and  negroes. — 
If  any  white  person  and  any  negro,  or  the  descendants  of  any 
negro  to  the  third  generation,  inclusive,  intermarry  or  live  in 
adultery  with  each  other,  he  or  she  shall,  on  conviction,  be  fined 
not  exceeding  one  hundred  dollars. 

Sec.  359.  Party  performing  ceremony . — Any  justice  of  the 
peace,  minister  of  the  gospel,  or  other  person  authorized  by  law 
to  solemnize  the  rites  of  matrimony,  who  performs  the  marriage 
ceremony  of  any  persons  who  are  prohibited  by  the  preceding 


PENAL  CODE. 


1 50 

section  from  intermarrying,  knowing  that  they  are  within  the 
provisions  of  said  section,  must,  on  conviction,  be  fined  not  ex- 
ceeding one  hundred  dollars. 

Sec.  360.  Abortion. — Any  person  who  unlawfully  ministers 
to  any  pregnant  woman,  any  drug  or  substance,  or  uses  or  em- 
ploys any  instrument,  or  other  means,  to  produce  miscarriage, 
unless  the  same  is  necessary  to  preserve  the  life  of  the  woman, 
and  done  for  that  purpose,  must,  on  conviction,  be  fined  not  ex- 
ceeding one  hundred  dollars,  and  may  be  imprisoned  or  put  to 
hard  labor  for  the  city  for  not  exceeding  sixty  days. 

Sec.  361.  Selling  or  giving  liquor  on  Sunday. — Any  per- 
son dealing  in  spirituous  liquors,  who  shall  sell  or  give  away, 
within  the  corporate  limits  of  this  city,  any  spirituous,  vinous  or 
malt  liquors  on  Sunday,  shall  be  fined,  on  conviction  thereof, 
twenty-five  dollars  for  each  and  every  offense. 

Sec.  362.  Retailing  spirituous  liquors  without  license. 
Any  person  who,  not  having  first  procured  a license  as  a re- 
tailer, as  in  this  Code  provided,  sells  any  spirituous,  vinous,  or 
malt  liquors  of  any  kind,  in  quantities  less  than  a quart,  or  in 
any  quantity  if  the  same  is  drunk  on  or  about  his  premises,  or  is 
sold  to  a person  of  known  intemperate  habits,  or  who  is  intox- 
icated at  the  time,  must,  on  conviction,  be  fined  not  exceeding 
fifty  dollars. 

Sec.  263.  Mayor  may  prohibit  selling  on  certain  occa- 
sions, or  suspend,  license. — Every  license  to  sell  liquors  with- 
in this  city  is  subject  to  the  following  conditions:  The  Mayor 
may  prohibit  the  selling,  giving  away,  or  otherwise  disposing 
of  spirituous,  vinous  or  malt  liquors,  by  wholesale  or  retail  deal- 
ers, for  the  space  of  twenty-four  hours,  on  election  days,x>r  oth- 
er public  occasions,  or  when  he  thinks  it  necessary  to  prevent 
a disturbance  of  the  peace  of  the  city;  and  he  may,  at  his  dis- 
cretion, suspend  anv  license  to  retail  that  may  be  hereafter 
granted,  but  such  suspension  shall  be  subject  to  appeal  to  the 
Board  of  Mayor  and  Aldermen.  Any  person  violating  any  such 
order,  or  any  such  suspension,  shall  be  fined,  on  conviction 
thereof,  not  exceeding  the  sum  of  one  hundred  dollars. 


PENAL  CODE. 


157 


CHAPTER  V. 

OFFENSES  AGAINST  PUBLIC  JUSTICE. 
Section. 

364.  Resisting  officer. 

365.  Escaped  or  obstinate  convict 

366-  Illegal  voting. 

367.  Voting  without  registration  or  taking  oath. 

368.  Bribing  or  attempting  to  influence  voter. 

369.  Altering  or  changing  vote  of  elector. 

370.  Disturbing  elector  on  election  day. 

371.  False  oath  by  elector. 

372.  Refusal  to  aid  officer  in  making  arrest. 

373.  Personating  officer. 

374.  Aiding  person  to  escape. 

Sec,  364.  Resisting  oiRcer. — Any  person  who  shall  resist 
obstruct,  impede,  or  prevent  the  Marshal,  Policemen,  or  other 
officer  of  this  city,  in  the  discharge  of  the  duties  of  his  office,  in 
any  way  whatever,  or  attempt  to  resist,  be  it  either  by  word  or 
action,  shall,  on  conviction,  be  fined  not  exceeding  fifty  dollars, 
and  may  be  imprisoned,  or  put  to  hard  labor  for  the  city,  not  ex- 
ceeding sixty  days. 

Sec.  365.  Escaped  or  obstinate  convict. — If  any  city  con- 
vict shall  escape  from  his  or  her  labor,  or  from  the  person  hav- 
ing them  in  charge,  or  shall  fail  or  refuse  to  perform  the  labor 
for  the  city,  or  for  the  person  to  whom  they  are  hired,  when 
sentenced  to  either,  the  said  failure  or  refusal  to  do  the  work 
shall  be  deemed  a misdemeanor,  and  on  conviction  thereof,  he 
or  she  shall  be  fined  not  exceeding  one  hundred  dollars,  and  may 
be  imprisoned,  or  sentenced  to  hard  labor  for  the  city  for  not  ex- 
ceeding sixty  days. 

Sec.  366.  Illegal  voting ■ — Any  person  voting  more  than 
once  at  any7  election  held  in  this  city,  or  depositing  more  than 
one  ballot  for  the  same  office  as  his  vote  at  said  election,  or 


158 


PENAL  CODE. 


knowingly  attempting  to  vote  when  he  is  not  entitled  to  vote, or 
is  guilty  of  any  kind  of  illegal  or  fraudulent  voting,  is  -guilty  of 
a misdemeanor,  and  on  conviction  thereof,  shall  be  fined  not  ex- 
ceeding one  hundred  dollars,  and  may  be  imprisoned,  or  put  to 
hard  labor  for  the  city  for  not  exceeding  sixty  days. 

Sec.  367.  Voting  without  registration  or  taking  oath. — 
Any  person  voting  at  any  election  in  the  city  of  Tuscaloosa,  who 
has  not  registered  as  required  by  the  laws  of  said  city,  is  guilty 
of  a misdemeanor,  and  shall,  on  conviction,  be  fined  not  exceed- 
ing one  hundred  dollars,  and  may  be  imprisoned  or  put  to  hard 
labor  for  the  city  not  exceeding  sixty  days. 

Sec.  368.  Bribing  or  attempting  to  influence  voter. — Any 
person,  who  shall  bribe,  or  offer  to  bribe,  or  by  any  other  cor- 
rupt means  attempts  to  influence  any  elector  in  giving  his  vote, 
or  keep  him  from  giving  the  same,  or  disturb  or  hinder  him  in 
the  free  exercise  of  the  right  of  suffrage  at  any  election  held 
within  the  city  of  Tuscaloosa,  he  is  guilty  of  a misdemeanor, and 
on  conviction  thereof,  shall  be  imprisoned,  or  put  to  hard  labor 
for  the  city  for  not  exceeding  sixty  days. 

Sec.  369.  Altering  or  changing  vote  of  elector. — Any 
person  who  fraudulently  alters  or  changes  the  vote  of  any  elec- 
tor of  this  city,  by  which  such  elector  is  prevented  from  voting 
as  he  intended,  is  guilty  of  a misdemeanor,  and,  on  conviction, 
shall  be  fined  not  exceeding  one  hundred  dollars,  and  may  be 
imprisoned,  or  put  to  hard  labor  for  the  citv.  for  not  exceeding 
sixty  days. 

Sec.  370.  Disturbing  elector  on  election  day. — Any  per- 
son who,  on  an}’  election  day  in  the  city  of  Tuscaloosa,  disturbs 
or  prevents,  or  attempts  to  disturb  or  prevent,  any  elector  from 
freely  casting  his  ballot,  or  who  shall  demand  to  see  the  ticket 
of  any  elector,  or  shall  disturb  bv  attempting  to  look  at  or  in- 
spect the  ticket  of  any  elector,  at  or  near  the  polls  on  election 
day,  is  guilty  of  a misdemeanor,  and  on  conviction  thereof,  shall 
be  fined  not  exceeding  one  hundred  dollars,  and  may  be  impris- 
oned, or  put  to  hard  labor  for  the  citv  for  not  exceeding  sixty 
days. 


PEN  A I.  CODE. 


159 


Sec.  371.  False  oath  by  elector. — Any  person  who  know- 
ingly and  corruptly  takes  the  oath  required  by  section  n of  this 
Code  for  electors  of  this  city,  or  who  causes  himself  to  be  regis- 
tered as  a voter  without  having  the  qualifications  required  by  law 
to  entitle  him  to  vote  at  any  election  of  this  city,  shall,  on  con- 
viction, be  fined  not  exceeding  fifty  dollars,  and  may  be  impris- 
oned, or  sentenced  to  hard  labor  for  the  city  for  not  exceeding 
sixty  days. 

Sec.  372.  Refusal  to  aid  officer  in  making  arrest. — Any 
person  who  having  been  summoned  or  commanded  by  an  officer 
of  this  city,  having  authority,  to  assist  such  officer  in  making  an 
arrest,  shall  refuse  or  neglect  to  do  so,  shall,  on  conviction  there- 
of, be  fined  not  exceeding  fifty  dollars. 

Sec.  373.  Personating  officer. — Any  person  who  falsely 
assumes  or  represents  himself  to  be  an  officer  of  the  State  or 
City,  or  attempts  without  legal  authority  to  exercise  any  of  the 
authority  of  such  officer,  shall  be  fined  not  less  than  five  nor 
more  than  fifty  dollars. 

Sec.  374.  Aiding. p er son  to  escape. — Any  person  who  as- 
sists any  person  in  the  custody  of  an  officer  of  this  city  to  escape, 
or  attempts  to  escape  from  such  custody,  or  who  rescues  or  at- 
tempts to  rescue  any  person  so  in  custody,  shall  be  fined  not  ex- 
ceeding fifty  dollars. 


160 


PENAL  CODE. 


CHAPTER  VI. 

OFFENSES  AGAINST  PUBLIC  SAFETY. 

Section. 

375.  Discharging  fire-arms. 

376.  Shooting  gravel-shooter,  or  sling-shot. 

377.  Storing  loose  cotton,  etc. 

378.  Storing  combustibles,  etc. 

379.  Sailing  kites. 

380.  Carrying  concealed  weapons. 

381.  Disturbing  assemblages  of  people. 

382.  Disturbing  shows  or  public  meetings. 

383.  Police  attend  shows  and  arrest  disorderly  persons — compensa- 

tion therefor. 

384.  Accepting  or  carrying  challenge. 

385.  Defacing  grave. 

386.  Discharging  fire-works. 

387.  Unlawful  to  keep  explosives. 

388.  Obstructing  streets  and  sidewalks. 

389.  Obstructing  sidewalks  and  crossings. 

390.  Encroaching  on  streets  or  sidewalks. 

391 . Hitching  to  trees. 

392.  Fast  driving 

393.  Building  cellar  doors. 

394.  Leaving  cellar  door  open  or  insecure. 

395.  Leaving  excavation  open. 

396.  Hitching  animal  to  lamp-post,  etc. 

397.  Animal  hitched  contrary  to  law  seized. 

398.  Hanging  signs,  awnings,  etc. 

399.  Drivers  of  vehicles  must  keep  to  the  right. 

400.  Removal  of  nuisances. 

401.  Animals  running  at  large. 

402.  Animals  running  at  large  taken  up  and  sold. 

403.  Fees  for 'taking  up  and  feeding. 

404.  Proceeds  of  sale  and  claim  of  owner. 

405.  Officer  neglecting  duty  or  buying  at  sale. 

406.  Allowing  dangerous  animals  to  go  at  large. 

407.  Disturbing  assemblage  of  people  met  for  worship. 


PENAL  CODE. 


1G1 


40  s.  Disturbing  occupant  of  college  or  school. 

409.  Obstructions  on  streets  or  sidewalks. 

410.  Refuse  matter  placed  in  front  of  premises. 

411.  Causing  collision  of  vehicles. 

412.  Boys  playing  about  street  cars. 

413.  Ball  playing  on  streets. 

414.  Fire  limits,  and  violation  of. 

415.  Enlargement  of  wooden  buildings  within  fire  limits. 

416.  Application  to  board  to  build  wooden  buildings  within  fire  limits, 

417.  Removal  of  wooden  buildings,  when  and  how  made. 

418.  Dangerous  buildings  removed  on  notice. 

419.  Tying  cans  to  animals,  etc. 

420.  Carrying  concealed  brass-knuckles  or  slung-shot. 

421.  Leaving  teams  unhitched. 

Sec.  375.  Discharging  hre-arms. — Any  person  who  shah 
discharge  a gun,  pistol,  or  other  fire-arm  within  the  corporate 
limits  of  this  city,  unless  in  self-defense,  or  in  the  execution  of 
the  law,  or  at  a military  parade  by  order  of  the  proper  officer, 
without  the  express  permission  of  the  Mayor,  must,  on  convic- 
tion, be  fined  not  exceeding  twenty-five  dollars. 

Sec.  376.  Shooting  gravel- shooter^  or  sling-shot . — Any 
person  who  shall  shoot  gravel  or  other  substance  out  of  or  with 
a gravel-shooter,  sling-shot,  or  implement  of  like  kind,  within 
the  corporate  limits  of  this  city,  shall  be  fined  on  conviction,  not 
exceeding  five  dollars. 

Sec.  377.  Storing  loose  cotton , etc — Any  merchant, trader, 
or  other  person,  who  shall  store,  within  the  fire  limits  of  this 
city,  any  loose  cotton,  hay,  shucks,  or  like  inflammable  articles, 
shall  be  guilt v of  a misdemeanor,  and  on  conviction,  be  fined  not 
exceeding  fifty  dollars ; provided,  that  no  one  shall  be  excluded 
from  purchasing  loose  cotton,  hay,  shucks,  or  like  articles,  and 
store  the  same  until  removed,  not  to  exceed  one  week  atanvojie 
time  from  the  purchase. 

Sec.  378.  Storing  combustibles , etc — Any  person  who 
shall  store  within  the  fire  limits  of  this  city  any  kerosene  or  oth- 
er explosive  oils,  unslacked  lime,  powder,  nitroglycerine,  or 
other  dangerous  combustibles,  in  greater  quantities  than  is  nec- 


162 


PEN  AL  CODE. 


cssary  for  a retail  trade  therein,  is  guilty  of  a misdemeanor,  and 
on  conviction  thereof,  shall  be  fined  not  exceeding  fifty  dollars-’ 

Sec.  379.  Sailing  kites. — No  person  or  persons  shall  be 
permitted  to  sail  kites  within  the  business  portion  of  this  city, or 
on  the  main  thoroughfares  leading  to  or  from  the  city,  and  any 
person  violating  this  law,  or  permitting  his  or  her  children  to 
violate  the  same,  shall,  on  conviction,  be  fined  the  sum  of  five 
dollars. 

Sec.  380.  Carrying  concealed  weapons ■ — Any  person  who, 
not  being  threatened  with,  or  having  good  reason  to  apprehend 
an  attack,  carries  concealed  about  his  person  a bowie-knife,  or 
any  other  knife  of  like  kind  or  description,  or  a dirk,  or  a pistol, 
or  fire-arms  of  like  kind  or  description,  must,  on  conviction,  be 
fined  not  exceeding  fifty  dollars,  and  may  be  imprisoned  or  put 
to  hard  labor  for  the  city  for  not  exceeding  sixty  days. 

Sec.  3S1.  Disturbing  assemblage  of  people. — Any  person 
who  shall  wilfully  disturb  any  assemblage  of  people  met  together 
in  said  city,  composed  in  whole  or  in  part  of  females,  by  mak- 
ing any  noise,  cursing,  swearing,  whistling,  or  by  any  other 
rude  or  indecent  behavior,  shall,  on  conviction,  be  fined  not  ex- 
ceeding ten  dollars,  and  may  he  imprisoned  or  sentenced  to  hard 
labor  for  the  city  not  exceeding  thirty  days. 

Sec.  382.  Disturbing  shows  or  public  meetings. — Any 
person  who  disturbs  the  audience  at  anv  show,  exhibition,  or 
public  performance,  or  disturbs  any  lawful  public  meeting  or 
assembly,  by  boisterous  talking,  whistling,  swearing,  or  any 
rude  or  indecent  acts  or  conduct,  shall  be  fined  not  exceeding 
ten  dollars. 

Sec.  383.  Police  to  attend  shows  and  arrest  disorderly 
persons:  compensation  therefor. — It  is  the  duty  of  the  Mayor 
or  Marshal  to  appoint  oiie  or  more  of  the  police,  if  it  be  desired 
by  the  manager,  to  attend  each  performance  of  any  licensed 
show  or  exhibition.  Each  officer,  so  appointed,  shall  receive 
from  such  manager  one  dollar  per  day  or  night  that  he  may  be 
in  attendance  on  such  exhibition  or  show,  and  it  is  his  duty  to 
attend  at  each  performance,  and  promptlv  to  arrest  and  remove 


PENAL  CODE. 


103 


all  persons  violating  any  of  the  laws  of  the  city.  If  the  mana- 
ger of  any  licensed  exhibition  fails  to  pay  such  officer  or  officers, 
his  license  shall  be  revoked. 

Sec.  384.  Accepting  or  carrying  challenge. — Any  person 
who  gives,  accepts,  or  knowingly  carries  a challenge,  in  writing 
or  otherwise,  to  fight  with  any  deadly  weapon,  or  otherwise, 
either  in  or  out  of  the  State,  must,  on  conviction,  be  fined  not 
exceeding  twenty-five  dollars. 

Sec.  385.  Defacing  grave. — Any  person  molesting  or  de- 
facing any  grave  for  any  unlawful  purpose,  must,  on  conviction, 
be  fined  not  exceeding  one  hundred  dollars,  and  may  be  impris- 
oned or  sentenced  to  hard  labor  for  the  city  for  not  exceeding 
sixtv  days. 

Sec.  386.  Discharging  fireworks. — Any  person  who  shall 
throw,  set  fire  to,  display,  or  discharge  any  fire-crackers, Roman 
candles,  rockets,  fire  balls,  bon-fires,  or  other  fireworks,  within 
the  corporate  limits,  without  the  consent  of  the  Mayor,  specify- 
ing when  and  where  the  same  may  be  exhibited  or  take  place, 
shall,  on  conviction,  be  fined  not  exceeding  ten  dollars. 

Sec.  387.  Unlawful  to  keep  explosives. — It  shall  not  be 
lawful  for  any  one  to  keep,  except  at  the  powder  magazine, 
more  than  twenty-five  pounds  of  gun-powder  or  other  explosive, 
at  anv  one  time;  and  such  explosive  must  be  kept  onlv  in  tin 
canisters,  well  secured  from  fire,  and  shall  not  be  sold  by  arti- 
ficial light.  Any  one  violating  the  provisions  of  this  ordinance, 
shall  be  fined  not  exceeding  twenty-five  dollars. 

Sec.  388.  Obstructing  streets  and  sidewalks. — Any  person 
who  shall  obstruct  or  encumber  a street  or  sidewalk  with  goods, 
merchandise,  lumber,  fuel,  or  any  article  or  obstruction  what- 
ever, or  do  any  act  restricting  the  free  use  of  the  same,  for  a 
longer  time  than  is  absolutely  necessary,  shall,  on  conviction,  be 
fined  not  exceeding  ten  dollars;  and  any  person  who,  being  so 
fined,  or  being  notified  by  the  city  marshal,  or  any  policeman, 
to  remove  said  obstruction,  permits  said  obstruction  to  remain 
in  any  street  or  sidewalk,  shall  be  subject  to  a separate  fine  of 
ten  dollars  for  each  day  he  allows  said  obstruction  to  remain 
after  such  fine  or  notice. 


PEXAI.  CODE. 


K)4 

Sec.  389.  Obstructing  sidewalks  and  crossings. — Any 
person  who  rides,  drives,  or  leads  any  horse,  mule,  or  ox,  or  who 
drives  any  vehicle  upon  the  sidewalks  of  this  city,  except  to 
cross  the  same;  and  any  person  who  obstructs  the  free  passage 
of  any  street  crossing  in  this  city,  with  any  vehicle,  or  otherwise, 
and  who  shall  not  immediately  remove  such  obstruction  upon 
the  request  of  any  person  wishing  to  use  such  crossing,  shall,  on 
conviction  thereof,  be  fined  not  exceeding  ten  dollars. 

Sec.  390.  Encroaching  on  streets  or  sidewalks. — Any  per- 
son, who  shall  hereafter  erect,  or  extend,  or  enlarge  house  01- 
building,  or  erect  or  extend  a fence,  so  as  to  encroach  upon  any 
street  or  sidewalk  of  the  city,  shall  be  fined  ten  dollars  on  con- 
viction thereof,  and  a like  sum  for  every  day  such  encroachment 
shall  continue  after  being  notified  to  remove  the  same. 

Sec.  391.  Hitching  to  trees. — Any  person  who  shall  hitch 
anv  horse,  mule,  or  other  animal  to  the  shade  or  ornamental  trees 
upon  the  streets  or  public  places  of  said  city,  or  the  boxes  there- 
to; or  in  anv  manner  damage  the  same;  or  who  shall  hitch  any 
animal  to  a fence  so  that  the  same  can  stand  upon  the  sidewalk^ 
except  a physician  in  case  of  necessity,  shall  be  fined  not  exceed- 
ing ten  dollars. 

Sec.  392.  East  driving. — Any  person  who  shall  drive  , or 
ride  anv  animal  at  a gallop,  or  in  a run,  in  this  city,  or  who  shall 
drive  or  suffer  droves  of  mules,  horses,  or  other  animals  to  be 
driven  through  the  streets  at  a gait  faster  than  a walk,  shall,  on 
conviction,  be  fined  the  sum  of  five  dollars. 

Sec.  393.  Building  cellar  doors. — Any  person  who  shall, 
within  the  fire  limits,  cause  to  be  built  any  cellar  door  upon  any 
of  the  sidewalks,  unless  the  same  be  built  so  as  to  be  smooth  and 
level  with  the  surface  of  such  sidewalk,  shall  be  fined  five  dollars, 
and  a like  sum  for  each  two  davs  said  door  continues  in  such 
condition. 

Sec.  394.  Leaving  cellar  door  open  or  insecure. — Any 
person  who  shall  leave  a cellar  door  open  at  night,  except  when 
in  actual  use,  or  who  shall  keep  a cellar  door  on  any  street  so  in- 
secure as  to  render  the  walking  thereupon  or  over  the  same  tin- 


PE  NAT.  CODE. 


105 


safe  or  dangerous,  shall  be  fined  not  exceeding  ten  dollars;  and 
he  shall  be  fined  an  additional  ten  dollars  for  every  two  days 
during  which  he  allows  such  cellar  door  to  remain  insecure. 

Sec.  395.  Leaving  excavation  open. — If  any  person  dig- 
ging a cellar  or  vault,  or  makiug  any  other  excavation  in  or  near 
a street  or  sidewalk,  shall  leave  such  cellar,  vault,  or  other  exca- 
vation open,  or  if  any  person  building  or  repairing  a house  shall 
leave  the  materials  therefrom  in  such  a condition  as  to  endanger 
persons  in  passing  along  the  street  or  sidewalk,  he  shall,  on  con- 
viction, be  fined  five  dollars,  and  a like  sum  for  each  day’s  con- 
tinuance thereof. 

Sec.  396.  Hitching  animals  to  lamp  posts,  etc. — Any  per- 
son, except  a physician  in  case  of  necessity,  who  shall  hitch  any 
animal  to  any  lamp  or  awning  post,  or  who  shall  hitch  a jack  or 
stallion  within  said  city  in  a public  place,  shall  be  fined,  on  con- 
viction, five  dollars. 

Sec.  397.  Animal  hitched  contrary  to  law  seized. — Any 
horse  or  other  animal  found  hitched  or  tied  contrary  to  the  or- 
dinances of  this  city,  shall  be  seized  and  detained  by  the  city 
marshal,  or  any  policeman,  until  the  fine  is  paid. 

Sec.  398.  Hanging  signs , awnings,  etc. — Any  person  who 
shall  hang  a sign,  or  erect  an  awning, or  cause  or  allow  any  thing 
to  hang  or  be  over  any  sidewalk  or  pavement,  at  less  than  nine 
feet  above  the  same,  or  throw  any  article  from  the  roof  or  upper 
story  of  a house  upon  the  street  or  sidewalk,  shall,  on  convic- 
tion, be  fined  five  dollars. 

Sec.  399.  Drivers  of  vehicles  must  keep  to  right. — Any 
person  driving  a cart,  dray,  or  wagon,  or  any  other  vehicle  of 
any  description  through  any  street,  lane,  or  alley,  must,  when 
meeting  any  other  vehicle,  keep  to  that  side  of  such  street,  lane, 
or  alley  which  is  on  the  right  of  such  driver,  and  any  person 
violating  the  provisions  of  this  section,  must  be  fined  five  dollars. 

Sec.  400.  Removal  of  nuisances. — It  is  the  duty  of  the 
marshal  and  police  to  report  to  the  Mayor  all  persons  who  may 
create  or  allow  any  nuisance,  to  remove  all  nuisances  from  the* 
streets,  alleys,  or  public  grounds  of  the  city, at  the  cost  of  the  per- 


!(>(> 


I'KN’AL  CODE. 


son  creating  them,  when  known,  and  when  such  person  is  un- 
known, at  the  cost  of  the  city;  and  if  any  person,  whose  duty  it 
is  to  remove  any  nuisance  from  his  premises  or  elsewhere,  shall 
allow  the  same  to  remain,  the  marshal  and  police  must  remove 
the  same  at  the  cost  of  the  delinquent;  and  any  delinquent,  fail- 
ing to  pay  such  cost  after  three  days  notice,  is  guilty  of  a misde- 
meanor, and  on  conviction  thereof,  shall  be  fined  not  exceeding 
ten  dollars. 

Sec.  401.  Animals  running  at  large. — It  is  unlawful  for 
any  stallion,  horse,  mare,  mule,  jack,  jennet,  goat,  boar  over  three 
months  old,  or  bull  over  one  year  old  to  run  at  large  on  the  streets 
or  commons  of  this  city,  and  any  person  who  shall  permit,  allow, 
or  suffer  such  animal  to  so  run  at  large,  is  guilty  of  a misde- 
meanor, and  on  conviction  thereof,  shall  he  fined  not  exceeding 
ten  dollars. 

Sec.  402.  Animals  running  at  large  taken  up  and  sold. — 
The  marshal  or  any  policeman  who  finds  any  stallion,  horse, 
mare,  mule,  jack,  jennet,  goat,  boar  over  three  months  old,  or 
bull  over  one  year  old  running  at  large  within  said  city,  shall 
take  up  and  impound  said  animal,  and  report  the  same  to  the 
Mayor;  said  marshal  or  policeman  shall  forthwith  notify  the 
owner  of  said  animal,  if  he  be  known,  or  if  unknown,  post  a no- 
tice at  the  City  Hall,  to  appear  before  the  Mayor  within  forty- 
eight  hours  and  claim  said  property:  said  notice  shall  describe 
the  marks  and  appearance  of  the  animal,  and  mention  the  time 
and  place  said  claim  may  he  made  before  the  Mayor.  The  said 
property  shall  he  delivered  to  the  owner  claiming  them  within 
said  time  upon  payment  of  all  lawful  feesiand  charges;  but  should 
the  owner  not  claim  them,  or  should  the  costs  and  charges  there- 
on be  not  paid,  the  Mayor,  upon  its  appearing  that  said  animal 
or  animals  were  so  running  at  large,  shall  forthwith  order  them 
to  be  sold,  and  the  marshal  shall  sell  them  to  the  highest  bidder 
for  cash. 

Sec.  403.  Fees  for  taking  up  and  feeding. — The  Marshal 
or  any  policeman  taking  up  any  such  animal  found  running  at 
large,  is  entitled  to  a fee  of  one  dollar  for  each  animal  so  taken 


PENAL  CODE. 


167 


up,  and  to  reasonable  costs  for  feeding  and  caring  for  such  ani- 
mal, which  fees  shall  be  paid  by  the  owner  claiming  such  animal, 
or  retained  from  the  proceeds  of  sale. 

Sec.  404.  Proceeds  of  sale  and  claim  of  owner. — The 
marshal  must  pay  over  the  proceeds  of  all  sales  so  made,  less 
the  fees  and  charges  of  the  officer  for  seizing  and  keeping  such 
animal,  to  the  Mayor,  with  a report  of  his  proceedings  in  such 
matter,  and  a description  of  the  animal  so  sold,  which  sum  shall 
be  deposited  with  the  treasurer,  and  any  owner  who  shall  prove 
to  the  satisfaction  of  the  Board  his  title  to  such  animal,  within 
sixty  days  from  the  date  of  sale,  shall  receive  from  the  Board  an 
order  on  the  treasurer  for  the  net  proceeds  of  such  sale. 

Sec.  405.  OMcer  neglecting  duty  or  buying  at  sale. — Any 
officer  of  this  city  who  wilfully  fails  or  neglects  to  perform  any 
duty  imposed  upon  him  by  the  four  preceding  sections,  or  who 
shall  bid.  or  be  directly  or  indirectly  interested  in  any  purchase 
at  a sale  made  under  said  sections,  shall,  on  conviction,  be  fined 
not  exceeding  fifty  dollars. 

Sec.  406.  Allowing  dangerous  animals  to  go  at  large. — 
Anv  person  who  allows  any  dangerous,  vicious  or  mischievous 
animal  to  go  at  large  within  the  limits  of  the  city,  shall  be  fined, 
on  conviction,  not  exceeding  twenty-five  dollars. 

Sec.  407.  Disturbing  assemblage  of  people  met  for  wor- 
ship.— Anv  person  who  wantonly  or  wilfully  disturbs  any  as- 
semblage of  people,  met  within  this  city  for  the  purpose  of  in- 
struction, recreation,  worship,  or  amusement,  by  loud  talking, 
whistling,  noise,  or  any  other  conduct,  shall  be  deemed  guilty  of 
a misdemeanor,  and,  on  conviction  thereof,  shall  be  fined  not 
exceeding  ten  dollars. 

Sec.  40S.  Disturbing  occupants  of  college  or  school. — 
Any  person  who,  without  legal  cause  or  good  excuse,  enters 
upon  or  goes  sufficiently  near  the  premises  of  any  college  or 
school,  within  or  adjoining  this  city,  and  makes  use  of  any  vul- 
gar, profane,  or  obscene,  language,  within  the  hearing  of  any  of 
the  occupants  thereof,  or  who  loafs,  loiters,  or  passes  continu- 
ously along  or  on  the  streets  of  said  city  connected  therewith 


PENAL  CODE. 


108 

and  adjoining  thereto,  and  by  loud  talking,  hallooing,  noise  of 
any  kind,  or  any  other  conduct,  disturbs  the  peace, . quiet,  or 
tranquility,  of  any  of  the  occupants  thereof,  is  guilty  of  a misde- 
meanor, and,  on  conviction  thereof,  shall  be  fined  not  exceeding 
ten  dollars. 

Sec.  409.  Obstructions  on  street  or  sidewalk. — It  is  here- 
by declared  to  be  unlawful  for  any  person  who  owns,  controls, 
or  rents  a store  house,  or  other  premises  within  the  fire  limits  of 
this  city,  or  for  any  person  acting  as  a clerk,  agent,  or  servant 
of  such  person  so  owning,  controlling  or  renting  said  premises, 
to  place  upon,  or  knowingly  suffer  to  remain  upon,  the  side- 
walk or  street  in  front  of  said  premises,  any  loose  paper,  beer 
kegs,  boxes,  barrels,  chicken -coops,  trash,  or  refuse  matter,  or 
any  kind  of  stand,  or  other  obstruction  to  the  free  use  of  said 
sidewalk  or  street.  Any  person  who  violates  the  provisions  of 
this  ordinance  shall,  on  conviction  thereof,  be  fined  not  less  than 
five  nor  more  than  fifty  dollars. 

Sec.  410.  Refuse  matter  placed  in  front  of  premises. — 
Every  person,  owning,  controlling,  renting,  or  accupying  any 
premises  within  the  fire-limits  of  this  city,  shall,  as  often  as  is 
necessary  during  the  week,  between  the  hours  of  seven  and 
eight  o’clock  A.  M.,  place  before  his  house  of  business  or  prem- 
ises, and  off  the  sidewalk,  a box,  barrel,  or  some  other  article, 
containing  such  trash,  loose  paper,  or  other  refuse  matter  as  may 
have  accumulated  on  such  premises,  and  must  remove  said  box, 
barrel,  or  other  article,  from  the  street  and  sidewalk  as  soon  as 
the  said  refuse  matter  shall  be  taken  therefrom  by  the  marshal. 
It  is  hereby  made  the  duty  of  the  city  marshal  to  remove  said 
trash,  loose  paper,  or  other  refuse  matter,  from  the  streets  be- 
tween the  hours  of  seven  and  nine  o’clock  A.  M.,  on  each  and 
every  day  during  the  week,  except  Sunday.  An)7  person  who 
shall  fail  or  refuse  to  comply  with  the  provisions  of  this  ordin- 
ance, shall,  on  conviction  thereof,  be  fined  not  less  than  five  nor 
more  than  fiftv  dollars. 

Sec.  41 1.  Causing  collision  of  vehicles. — Any  person  who 
intentionally  causes  a vehicle,  or  animal  drawing  the  same,  to 


PENAL  CODE. 


1G9 


come  in  collision  with  any  other  vehicle,  object,  or  person,  shall 
be  fined,  on  conviction  thereof,  not  exceeding  twenty-five  dollars. 

Sec.  412.  Boys  playing  about  street-cars. — Any  boy  who 
shall  hang  on  the  street  cars  while  in  motion,  or  attempt  to  steal 
a ride  thereon,  or  who  shall  play  or  engage  in  any  sport  about 
the  same,  after  having  first  been  warned  to  desist  by  some  em- 
ployee of  said  street  cars  company,  or  some  officer  of  the  city, 
shall  be  guilty  of  a misdemeanor,  and  on  conviction  thereof.shall 
be  fined  not  exceeding  ten  dollars. 

Sec.  413.  Ball 'playing  on  streets. — Any  person  who  en- 
gages in  any  kind  of  ball  playing  on  the  public  streets  shall,  on 
conviction  thereof,  be  fined  not  exceeding  ten  dollars. 

Sec.  414.  Fire  limits  and  violations  of. — The  fire  limits 
of  the  city  shall  extend  from  the  east  side  of  Madison  Street,  to 
the  west  side  of  Washington  Street,  and  from  the  north  side  of 
Pine  Street  to  the  south  side  of  Cotton  Street.  Any  person  who 
shall  erect  within  said  fire  limits  anv  building  of  combustible 
material,  or  who  shall  cover  anv  building  with  combustible  mate- 
rials, shall,  on  conviction  thereof,  be  fined  not  exceeding  fiftv 
dollars. 

Sec.  415.  Enlargement  of  wooden  building  within  fire 
limits. — Anv  person  who  shall  hereafter  enlarge  or  elevate  a 
wooden  building  of  anv  kind,  within  the  fire  limits  of  this  city, 
shall  be  fined,  on  conviction  thereof,  not  exceeding  twenty-five 
dollars. 

Sec.  416.  Application  to  Board  to  build,  wooden  build- 
ing within  fire  limits. — Any  person  who  desires  to  build  or 
enlarge  any  wooden  building  within  the  fire  limits  of  the  city 
of  Tuscaloosa,  may  make  application  to  the  Board  of  Mayorand 
Aldermen  for  such  purpose,  having  first  given  a written  notice 
thereof,  by  posters  put  up  in  three  places  on  Broad  Street  in.  said 
citv,  and  at  the  City  Hall  door,  for  ten  days  previous  to  the  time 
of  his  application ; and  should  said  application  be  granted,  the 
two  preceding  sections  of  this  Code  shall  not  apply  to  him. 

Sec.  417.  Removal  of  wooden  buildings , when  and  how 
made — The  Board  may  order  the  removal  of  any  wooden  build- 
ing heretofore  erected  within  the  fire  limits,  and  on  such  order 


170 


PENAL  CODE. 


being  made  and  before  the  same  is  executed,  the  Mayor  shall 
summon  three  disinterested  freeholders  to  determine  what  sum 
would  be  just  compensation  to  the  owner  for  such  removal, who, 
after  being  duly  sworn,  shall  make  their  assessment  in  writing 
and  return  the  same  to  the  Mayor,  who  shall  record  the  same; 
the  amount  so  assessed  shall  be  paid  to  the  owner  by  the  city  be- 
fore such  removal  is  made,  and  from  such  assessment  an  appeal 
lies  to  the  circuit  court,  as  in  the  case  of  other  judgments  of  the 
Mayor. 

Sec.  418.  Dangerous  buildings  removed  on  notice . — 
Whenever  complaint  shall  have  been  made  to  the  Mayor,  that 
any  building  within  the  city  has,  from  decay  or  otherwise,  be- 
come dangerous  to  life  or  property,  or  is  liable  to  fire  from  de- 
fective flue,  or  to  fall  from  decay  or  other  cause,  he  shall  cause 
examination  to  be  made,  and  the  complaint,  having  been  found 
justly  laid,  shall  cause  notice  to  be  served  on  the  owner  or  oc- 
cupant of  said  building  to  remove  or  repair  the  same.  Any  per- 
son, so  notified,  who  shall  neglect  or  refuse  to  comply  with  the 
requirements  of  said  notice,  shall,  on  conviction  thereof,  be  fined 
not  exceeding  one  hundred  dollars;  and  such  additional  fine  may 
be  imposed  upon  him  for  every  ten  days’  refusal  or  neglect  to 
comply  with  the  said  notice. 

Sec.  419.  Tying  cans  to  animals , etc. — Any  person  who 
shall  tie,  or  otherwise  attach  any  tin  can,  fireworks,  or  other 
substance  to  the  tail,  or  other  part  of  any  dog,  cat,  or  other  ani- 
mal, so  as  to  frighten  the  same  and  endanger  the  person  or  prop- 
erty of  others,  shall  on  conviction  thereof,  be  fined  not  exceed- 
ing ten  dollars. 

Sec.  420.  Carrying  concealed  brass-knuckles  and  slung- 
shot. — Any  person  who  carries  concealed  about  his  person 
brass  knuckles,  slung-shot,  or  other  weapon  of  like  kind  or  de- 
scription, or  who  carries  a rifle  or  shot  gun  walking  cane,  shall, 
on  conviction  thereof,  be  fined  not  exceeding  one  hundred  dol- 
lars, and  may  be  imprisoned,  or  put  to  hard  labor  for  the  city  for 
not  exceeding  sixty  days. 

Sec.  421.  Leaving  teams  unhitched. — Any  person  who 
leaves  a team  of  horses,  mules,  or  oxen,  or  a horse  or  mule  at- 
tached to  any  vehicle,  standing  unhitched  on  the  public  streets, 
and  without  anv  person  in  charge,  shall,  on  conviction  thereof, 
be  fined  not  exceeding  ten  dollars. 


PENAL  CODE. 


171 


CHAPTER  VII. 

OFFENSES  AGAINST  PUBLIC  HEALTH. 
Section. 

422.  Selling  unsound  bread. 

423.  Adulterating  sugar,  etc. 

424.  Adulterating  liquors. 

425.  All  property  to  be  kept  clean. 

426.  Selling  unsound  articles. 

427.  Selling  unsound  meat  or  fish. 

428.  Diseased  animal  at  large. 

429.  Stagnant  water. 

430.  Cellars,  cisterns,  etc. 

431.  Creating  nuisance  in  street. 

432.  Permitting  privies  and  stables  to  become  offensive. 

433.  Keeping  slaughter-house  within  corporation. 

434.  Permitting  vicious  animals  to  run  at  large,  or  go  into  the  public 

streets. 

Sec.  422.  Selling  unsound  bread. — Any  baker,  or  other 
person,  who  sells,  or  offers,  or  exposes  for  sale,  or  suffers  his 
■servant,  agent,  clerk,  or  other  person  to  sell  or  offer  for  sale, any 
bread  made  from  sour  or  unwholesome  flour,  must,  on  convic- 
tion, be  fined  not  exceeding  twenty-five  dollars. 

Sec.  423.  Adulterating  sugar, etc. — Any  merchant, grocer, or 
other  person,  who  mixes  any  foreign  matter  or  substance  with 
sugar,  or  any  other  article  or  commodity  of  commerce,  so  as  to 
deteriorate  the  quality,  and  sells  or  offers  or  exposes  for  sale  such 
adulterated  sugar,  or  suffers  his  servant,  agent,  clerk,  or  other 
person  for  him,  to  sell  or  offer  for  sale,  by  himself  or  another, 
sugar,  or  other  article  or  commodity  of  commerce,  known  to  be 
adulterated,  must,  on  conviction,  be  fined  not  exceeding  one 
hundred  dollars. 

Sec.  424.  Adulterating  liquors. — Any  manufacturer, brew- 
er. distiller,  grocer,  retailer  of  spirituous,  vinous,  or  malt  liquors, 


172 


PENAL  CODE. 


or  other  person,  who  sells  or  offers  for  sale,  or  permits  his  ser- 
vant, agent,  or  clerk  to  sell  or  offer  for  sale  for  him,  any  spirit- 
uous,vinous,  or  malt  liquors  which  have  been  adulterated  by  the 
mixture  of  any  substance  not  used  in  the  proper  manufacture  of 
such  spirituous,  vinous,  or  malt  liquors,  or  of  a pernicious  or  un- 
wholesome character,  must,  on  conviction,  he  fined  not  exceed- 
ing fifty  dollars. 

Sec.  425.  All  property  to  be  kept  clean. — All  persons  liv- 
ing on  or  owning  property  within  the  city,  are  required  to  keep 
the  several  lots  by  them  owned,  or  connected  with  their  resi- 
dences or  stores,  and  the  sidewalks  in  front  of  their  residences 
or  stores,  in  a cleanly  condition;  to  keep  cellars  and  out-houses 
well  ventilated  and  cleaned,  and  their  premises  free  from  all 
filth  and  all  matter  that  would  prove  offensive  or  liable  to  create 
disease.  Any  person  violating  the  provisions  of  this  ordinance 
shall  be  fined,  on  conviction,  five  dollars,  and  an  additional  five 
dollars  for  each  continuance  of  the  offense  for  twenty-four  hours. 

Sec.  426.  Selling  urisound  articles ■ — Any  person  offering 
for  sale  any  article  in  the  corporate  limits  of  the  city  calculated 
to  produce  filth  or  impurity,  or  who  shall  fail  to  thoroughly 
cleanse  the  blocks,  stalls,  planks, etc., they  may  have  used, or  who 
shall,  at  the  expiration  of  market  hours,  fail  to  remove,  forth- 
with, all  articles  which  may  remain  unsold,  all  offal,  refused  or 
rejected  articles,  and  other  offensive  matter,  shall,  on  conviction, 
be  fined  not  exceeding  twenty  dollars. 

Sec.  427.  Selling  unsound  meat  or  iislt. — Any  person  who 
offers  for  sale,  or  allows  his  servant  or  agent  to  offer  for  sale, 
anv  tainted,  putrid,  or  unwholesome  fish  or  ffesh,  or  the  flesh  of 
any  animal  dying  otherwise  than  bv  slaughter,  or  slaughtered 
when  diseased,  for  the  purpose  of  being  sold,  shall  be  fined  not 
exceeding  twenty- rive  dollars,  and  may  be  imprisoned  or  sen- 
tenced to  hard  labor  for  the  city  for  not  exceeding  thirty  days. 

Sec.  428.  Diseased  animal  at  large. — Any  person  who 
knowingly  suffers  any  horse,  mule,  mare,  or  other  animal,  dis- 
eased with  glanders,  distemper,  or  other  contagious  disease,  to 


PE  NAT.  CODE. 


173 


go  at  large  on  the  streets  or  commons  of  this  city,  shall  be  fined 
not  exceeding  ten  dollars. 

Sec.  429.  Stagnant  water • — Any  person  who  causes  or  oc- 
casions any  pool  of  stagnant  water,  within  the  city  limits,  shall 
be  fined,  on  conviction,  five  dollars,  and  a like  sum  for  every 
twenty-four  hours’  continuance  of  such  nuisance. 

Sec.  430.  Cellars , cisterns^etc. — Any  owner  or  occupant  of 
a lot  within  this  city,  on  which  there  is  a cellar,  cistern,  or  well 
not  in  use,  and  containing  or  liable  to  contain  stagnant  water,  or 
other  filth,  who  shall  fail  or  refuse,  after  notice  from  the  Mar- 
shal, to  cause  the  same  to  be  filled  up  or  cleaned,  within  one 
week  after  said  notice,  shall,  on  conviction,  be  fined  ten  dollars, 
and  a like  sum  for  each  two  days’  continuance  thereafter. 

Sec.  431.  Creating  nuisance  in  street. — Any  person  who 
shall  throw,  or  otherwise  convey  any  offal,  or  dead  animal  on 
any  street,  alley,  house,  public,  or  private  place  within  this  city, 
thereby  creating  an  offensive  smell,  must,  on  conviction,  be  fined 
the  sum  of  ten  dollars. 

Sec.  432.  P ermitting  privies  and  stables  to  become  of- 
fensive.— It  is  the  dutv  of  every  person  owning  or  using  privy 
or  stable  in  the  city  to  keep  the  same  in  a clean  and  neat  man- 
ner, so  that  the  smell  thereof  shall  not  become  offensive  to  the 
adjoining  inhabitants  or  to  persons  passing  along  the  street,  and 
for  this  purpose,  such  person  must  cause  such  stable  or  privy  to 
be  frequently  cleaned  and  emptied,  and  the  pit  of  such  privy, 
and  the  floor  or  stalls  of  such  stable,  to  be  frequentlv  covered 
with  lime  or  other  disinfectant;  and  any  person  violating  any  of 
the  provisions  of  this  section,  or  who  keeps  any  privy  or  stable 
in  such  manner  that  the  smell  thereof  becomes  offensive  to  the 
neighboring  inhabitants  or  to  persons  passing  along  the  streets, 
shall  he  fined,  on  conviction,  the.  sum  of  ten  dollars,  and  a like 
sum  for  each  day’s  continuance  thereof. 

Sec.  433.  Keeping  slaughter-house  within  corporation. — 
It  is  herebv  declared  to  be  unlawful  for  any  person  to  keep  or 
establish  any  slaughter-house,  or  other  establishment  for  carry- 
ing on  the  butchering  business  within  the  corporate  limits  of  the 


174 


PENAL  CODE. 


city  of  Tuscaloosa,  without  having  first  obtained  the  unanimous 
consent  of  the  Board  of  Mayor  and  Aldermen;  and  any  person 
violating  the  provisions  of  this  section,  shall,  on  conviction,  be 
fined  not  less  than  fifty  nor  more  than  one  hundred  dollars,  and 
the  Mayor  shall  not  have  authority  to  remit  any  portion  of  such 
fine. 

Sec. ^34.  Permitting  vicious  animals  to  run  at  large  or 
go  into  the  public  streets . — Any  person,  the  owner  or  keeper 
of  a vicious  or  biting  dog,  or  other  animal  accustomed  to  attack 
persons,  or  animals  or  fowls,  who  suffers  the  same  to  go  upon 
the  public  streets  without  being  muzzled,  is  guilty  of  a misde- 
meanor, and,  on  conviction,  shall  be  fined  not  exceeding  one 
hundred  dollars. 


PEN  A T.  CODE. 


175 


CHAPTER  VIII. 
MISCELLANEOUS  OFFENSES. 

Section. 

435.  Vagrants  and  loafers. 

436.  Enticing  servants. 

437.  Enticing  persons  under  written  contract. 

438.  Southern  Bell  Telephone  and  Telegraph  Company  may  erect 

poles  on  street. 

439.  Marshal  directs  placing  and  removal  of  poles. 

440.  Injuring  Telephone  property. 

441.  Disorderly  conduct. 

442.  Common  law  misdemeanors. 

443.  Birds  and  bird  nests. 

444.  Defamation  of  female. 

445.  Defamation  of  person. 

440.  Officer  failing  to  perform  duty. 

447.  Draymen,  etc. ; refusing  to  carry  load. 

448.  Hackman  refusing  to  carry  passengers,  etc. ; exceptions,  etc. 

449.  Hacks  running  without  number,  lights,  rates,  etc. 

450.  Drays  running  without  number,  etc. 

451.  Refusing  to  pay  haekman,  drayman,  etc. 

Sec.  435.  Vagrants  and  loafers. — Any  vagrant,  idler, loafer, 
or  suspicions  person,  having  no  visible  means  of  support,  who 
shall  be  found  within  the  limits  of  this  city,  shall  be  forthwith 
apprehended  upon  the  warrant  of  the  Mayor,  who  shall  examine 
him.  and  anv  witness  he  sees  fit  touching  his  business  and  con- 
duct, and  if  be  be  found  with  no  visibile  means  of  support  or 
emplovment,  whereby  to  support  himself,  and  is  able  to  work, 
the  Mayor  shall  commit  him  to  jail,  or  sentence  him  to  hard  labor 
for  the  city  for  not  exceeding  thirty  (lavs. 

Sec.  436.  Knticincj  servant . — Any  person  who  entices,  de- 
coys, or  pursuades  any  apprentice  or  servant  to  leave  the  service 
or  employment  of  his  master,  must,  on  conviction,  be  fined  not 
exceeding  twentv-five  dollars,  and  may  be  imprisoned,  or  sen- 
tenced to  hard  labor  for  the  city  not  exceeding  thirty  days. 


PENAL'  CODE. 


17  (> 

Sec.  437.  Enticing  persons  under  written  contract. — 
Any  person  who  knowingly  interferes  with,  hires,  em.ploys,  en- 
tices a way, or  induces  to  leave  the  service  of  another, any  laborer 
or  hired  person,  who  has  stipulated  or  contracted  in  writing,  to 
serve  for  any  given  number  of  days,  weeks,  months,  or  for  one 
year,  before  the  expiration  of  the  time  stipulated  or  contracted 
for,  such  contract  being  in  force  and  binding  on  the  parties  there- 
to, without  the  consent  of  the  party  employing,  or  to  whom  the 
service  is  due,  is  guilty  of  a misdemeanor,  and  on  conviction, 
must  be  fined  not  exceeding  one  hundred  dollars,  one-half  of 
said  fine  to  go  to  the  party  injured,  and  mav  be  imprisoned,  or 
put  to  hard  labor  for  the  city  for  not  exceeding  thirty  days. 

Sec.  438.  Southern  Bell  Telephone  and  Telegraph  Com- 
pany may  erect  poles  on  street ■ — The  Southern  Bell  Telephone 
and  Telegraph  Company  are  hereby  permitted  to  erect  such 
poles  on  the  streets  of  the  City  of  Tuscaloosa  as  are  necessary  to 
conduct  their  Telephone  and  Telegraph  business  in  said  citv, 
and  to  can  y their  wires  from  pole  to  pole  as  they  may  deem 
necessary. 

Sec.  439.  Marshal  directs  placing  and  removal  of  poles. — 
All  poles  or  other  obstructions  put  upon  the  streets  of  said  city 
by  said  Telephone  and  Telegraph  Company  shall  be  placed  in 
such  position  as  the  Marshal  of  the  City  shall  direct,  and  shall 
be  removed  entirely,  or  their  position  changed,  if  the  Mayor  and 
Aldermen  should  so  order. 

Sec.  440.  Injuring  Telephone  property. — Any  person 
who  shall  post  bills  upon,  hitch  any  animal  to,  or  in  any  manner 
wantonly  or  maliciously  injure  or  deface  any  pole,  wire,  or  oth- 
er property  of  said  Southern  Bell  Telephone  and  Telegraph 
Company,  is  guilty  of  a misdemeanor,  and  on  conviction  there- 
of, shall  be  fined  not  exceeding  twenty-five  dollars. 

Sec.  4^1.  Disorderly  conduct. — Any  person  who  disturbs 
the  peace  and  tranquility  of  said  city, or  of  any  of  the  inhabitants 
thereof,  by  loud  singing,  hallooing,  mimicking,  fighting,  banter- 
ing, cursing,  or  swearing,  or  any  other  disorderly  conduct;  or 


PENAL  CODE. 


ITT 


who  utters  any  blasphemous,  indecent,  or  obscene  expressions 
on  the  public  streets,  or  who  is  found  drunk  on  the  public  streets, 
or  in  any  public  place  in  said  city,  or  any  person  who  suffers 
such  conduct  in  his  or  her  store,  dwelling-house,  or  upon  his  or 
her  premises,  must,  on  conviction,  be  fined  not  less  than  five  nor 
more  than  one  hundred  dollars,  and  may  be  imprisoned,  or  sen- 
tenced to  hard  labor  for  the  city  for  not  exceeding  sixty  days. 

Sec.  442.  Common  law  misdemeanors. — Any  person  who 
commits  a public  offense,  which  was  a misdemeanor  at  common 
law,  the  punishment  of  which  is  not  specified  in  this  Code, must, 
on  conviction  thereof,  be  fined  not  exceeding  one  hundred  dol- 
lars, and  may  be  imprisoned,  or  sentenced  to  hard  labor  for  the 
citv  for  not  exceeding  sixty  days. 

Sec.  443.  Birds  and  bird  nests. — An)  person  who  shall 
wantonly  or  maliciously  injure  or  kill  any  bird,  except  jay  birds 
and  game  birds  in  season,  or  who  shall  destroy  the  nest  of  any 
bird,  except  jav.  birds,  shall  be  fined,  on  conviction  thereof,  not 
exceeding  ten  dollars. 

Sec.  444.  Defamation  of  female. — Any  person  who  writes, 
prints,  or  speaks  of  and  concerning  any  female,  falsely  or  mali- 
ciouslv  imputing  to  her  a want  of  chastity,  shall,  on  conviction, 
be  fined  not  exceeding  twenty-five  dollars. 

Sec.«445-  Defamation  of person—  Any  person  who  writes, 
prints,  or  speaks  of  and  concerning  another, any  accusation, false- 
lv  and  maliciously  imputing  the  commission  by  such  person  of 
a felony,  or  anv  other  indictable  offense  involving  moral  turpi- 
tude, or  any  offense  against  the  laws  of  this  city,  shall  on  convic- 
tion thereof,  be  fined  not  exceeding  ten  dollars. 

Sec.  446.  Officer  failing  to  perform  duties. — Any  officer 
of  this  citv  upon  whom  any  duty  is  imposed,  by  any  section  of 
the  Charter  or  Code  of  Laws  of  said  city,  who  wilfully  neglects 
to  perform  said  duty,  is  guilty  of  a misdemeanor,  and  on  convic- 
tion. shall  be  fined  not  exceeding  one  hundred  dollars. 

Sec.  447.  Drayman , etc.;  refusing  to  carry  load. — Any 
person,  being  the  owner  or  driver  of  a licensed  dray,  cart,  or 


178 


PENAL  CODE. 


wagon,  who  refuses  without  sufficient  excuse,  to  carry  a load  to 
any  part  of  the  city  between  the  hours  of  sunrise  anti  sunset, 
must,  on  conviction,  be  fined  not  less  than  one  nor  more  than 
one  hundred  dollars. 

Sec.  448.  Hackman  refusing  to  carry  passengers,  etc.; 
exceptions , etc. — Any  person  being  the  owner  or  driver  of  a 
licensed  hack  or  other  licensed  vehicle  for  the  carnage  of  passen- 
gers, who  refuses  without  sufficient  excuse,  to  carry  any  pas- 
senger to  any  part  of  the  city,  must,  on  conviction,  be  fined  not 
less  than  one  nor  more  than  one  hundred  dollars.  Provided , 
That  no  hackman  shall  be  required  to  carry  any  passenger  who 
is  intoxicated  or  disorderly,  or  who  is  afflicted  with  any  loathe- 
some  or  contagious  disease,  or  who  refuses  to  pay  in  advance 
when  asked  to  do  so,  or  who  for  other  good  reason,  to  be  judged 
of  bv  the  Mayor,  should  be  excluded. 

Sec.  449.  Hacks  running  without  number , lights , rates , 
etc. — Any  person  who  runs  any  public  vehicle  for  the  carriage 
of  passengers  without  having  its  number  painted  on  its  lamps, 
so  as  to  be  clearly  seen,  or  at  night  without  having  its  lamps 
lighted,  must,  on  conviction,  be  fined  not  less  than  one  nor  more 
than  one  hundred  dollars. 

Sec.  450.  Drays  running  without  number , etc'—  Any  per- 
son who  runs  any  cart,  dray,  wagon,  or  other  vehicle  for  hire  or 
profit,  without  having  its  license  number  fastened  thereon  in  a 
conspicuous  place,  must,  on  conviction,  be  fined  not  less  than 
one  nor  more  than  one  hundred  dollars. 

Sec.  45 1 . Refusing  to  pay  hackman , drayman , etc.— Any 
person  who  refuses  to  pay  the  owner  or  driver  of  any  public 
vehicle,  or  anv  licensed  cart,  dray,  or  wagon,  the  rate  fixed  by 
law  for  the  service  rendered,  must  on  conviction,  be  fined  not 
less  than  one  nor  more  than  one  hundred  dollars. 


I 

PENAL  CODE.  179 


CHAPTER  IX. 

VIOLATION  OF  LICENSE  LAWS. 

Section. 

452.  Failure  to  take  out  license. 

453.  Failure  to  render  tax  list. 

454.  Officer  neglects  duty  imposed  by  revenue  law. 

455.  Refusing  to  testify  as  to  taxes. 

Sec.  452.  Failure  to  take  out  license. — Any  person  who 
shall  engage  in  any  business,  trade,  or  profession,  or  keep  any 
establishment,  or  do  any  business,  or  any  act  for  which  a license 
is  required  by  the  ordinances  of  this  city,  without  having  first 
obtained  such  license,  shall  be  deemed  guilty  of  a misdemeanor, 
and  on  conviction,  shall  be  lined  not  less  than  double  the  sum 
required  to  be  paid  for  the  license,  and  not  more  than  one  hun- 
dred dollars,  and  may  be  imprisoned,  or  put  to  hard  labor  for  the 
city  for  not  less  than  sixty  days. 

Sec.  453.  Failure  to  render  tax  list. — Any  person  who  fails 
or  refuses  to  render  a list  of  his  taxable  property  and  other  items 
of  taxation,  or  who  knowingly  renders  a false,  fraudulent,  or  in- 
complete list,  or  who  attempts  to  evade  a compliance  with  the 
revenue  laws  of  the  city,  shall  be  guilty  of  a misdemeanor,  and 
on  conviction  thereof,  shall  be  fined  not  exceeding  one  hundred 
dollars,  and  may  be  imprisoned,  or  put  to  hard  labor  for  the  city 
for  not  exceeding  sixty  days. 

Sec.  454.  Officer  neglects  duty  imposed  by  revenue  law . — 
Anv  officer  or  person  on  whom  any  duty  is  imposed  by  the  laws 
of  this  city  concerning  the  revenue,  taxation,  and  licenses  there- 
of, who  wilfully  neglects  to  perform  such  duty,  shall  be  fined 
not  exceeding  one  hundred  dollars, and  may  be  proceeded  against 
in  such  other  manner  as  the  Board  may  determine. 

Sec.  455.  Refusing  to  testify  as  to  taxes. — Any  person  who 
is  summoned  bv  the  Tax  Assessor,  or  other  lawful  officer  of  this 


180 


PENAL  CODE. 


city,  to  testify  as  to  the  value  of  any  real  estate,  or  as  to  the  cor- 
rectness or  fairness  of  any  assessment,  and  who  fails  to  attend, 
or  who  refuses  to  testify,  is  guilty  of  a misdemeanor,  and  on 
conviction  thereof,  shall  be  fined  not  exceeding  fifty  dollars. 

CHAPTER  X. 

FEES  AND  COSTS. 

Section. 

456.  Fines  for  use  of  city. 

457.  Defendant  convicted  pays  costs. 

458.  Frivolous  or  malicious  party  complaining  pays  costs. 

Sec.  456.  Fines  for  use  of  city . — All  fines,  penalties,  for- 
feiture, and  recoveries  for  violation  of  any  law  or  ordinance  of 
this  city, shall  be  for  the  use  and  benefit  of  the  city, unless  other- 
wise expressly  provided. 

Sec.  457.  Defendant  convicted  pays  costs. — Any  person 
convicted  of  any  violation  of  the  laws  of  this  city,  shall  pay  all 
the  costs  of  the  case. 

Sec.  458.  Frivolous  or  malicious  party  complaining 
pays  costs. — Whenever  a person  is  tried  on  the  complaint  of 
another  and  is  acquitted,  the  Mayor  may,  if  he  is  satisfied  that 
the  complaint  is  frivolous  or  malicious,  tax  the  party  making  the 
same  with  all,  or  any  part  of  the  costs  at  his  discretion,  and  the 
same  shall  be  collected  as  other  costs. 


J 


INDEX. 


[In  the  following  Index , p,  followed  ~by  a figure , indicates  the  page 
of  the  Code  referred  to  ; c,  followed  by  a figure , indicates  the  sec- 
tion of  the  Charter  referred  to',  s,  followed  by  a figure , indicates 
the  section  of  the.  Act  referred  to ; and  where  no  letter  is  used , the 
figures  indicate  the  section  of  the  general  Code  of  Ordinances .] 


ACTS — repeal  of  certain  acts,  . . . c.  78 

conflicting  acts,  . . p.  29,  s.  2 

incorporating  Tuscaloosa  Fire  Company,  . p.  29 

titles  of,  relating  to  Tuscaloosa,  . . p.  32 

of  congress,  granting  privileges  to  city,  . p.  6 

ADVERTISEMENT — of  election,  general,  . c.  5,  18 

to  fill  vacancy,  . c.  8 
of  mayor  and  aldermen,  c.  20 
of  tax  sale,  c.  44-45 

ADULTERATION — of  sugar,  etc.,  penalty,  . . 423 

of  liquors,  ....  424 

ADULTERY — penalty  for,  ....  355 

AFFRAY — penalty  for,  and  riots,  . . . 332 

ALDERMAN — who  eligible  to  office  of,  . . . c.  7 

how  office  vacated,  . . . e.  7 ; 6 

election  to  fill  vacancy.  . . c.  8 ; 7 

how  elected  in  case  of  tie,  . . c.  9 ; 22 

causes  for  contesting  election  of,  c.  10;  23 
when  temporary  appointment  made,  c.  22  ; 7 

fees  and  fines  of,  237 

AMUSEMENTS— power  to  tax,  . . p.  28,  c.  84  ; c.  53 

disturbing  meeting  for,  . 381;  382;  407 

ANIMALS — malicious  injury  to,  ....  312 

cruelty  to,  ....  323 

fighting  of, 341 

hitching  to  trees,  ....  391 

fast  driving  of,  392 

hitching  to  lamp  posts,  etc.,  . . . 396 

seized  when  hitched  contrary  to  law,  . 397 

unlawful  for  certain  to  run  at  large,  . . 401 

when  taken  up  and  sold,  . . . 402 

fees  for  taking  up  and  feeding,  . . . 403 

proceeds  of  sale,  and  claim  of  owner,  . . 404 

officer  must  not  buy  at  sale,  . . . 405 


11. 


ANIMALS — (Continued) — 

penalty  for  allowing  dangerous  at  large,  . 406 

tying  cans  to,  . 419 

leaving  unhitched,  ....  421 

allowing  diseased  at  large,  . . . 428 

allowing  vicious  at  large,  . . . 434 

APPEALS — when  taken  to  circuit  court,  . . . 293 

form  of  bond  for,  .....  293 

papers  returned  to  circuit  court  in,  . 294 

APPOINTMENT — temporary,  of  mayor  or  aldermen,  c.  22 

of  marshal,  . . c.  27 

of  street  overseer,  . . c.  38 

of  policemen,  ...  84 

ASSAULT— penalty  for,  ....  328 

with  intent  to  murder,  . . . 329 

using  fire  arms  during,  . . . 330 

with  weapon,  ....  331 

when  constitutes  affray,  . . 332 

ASSESSOR — of  taxes,  election  of,  ...  c.  29 

may  be  collector,  . . c.  30 

removal  of,  ...  c.  30 

vacancy  filled,  ...  c.  31 

assesses  taxes,  . . c.  35 

amount  of  bond,  . . . 52 

cannot  delegate  authority,  . 61 

must  nominate  substitute,  . 62 

assesses  and  lists,  . . . 122 

gives  notice,  . . . . 123 

when  assessment  made,  . 125 

correct  false  lists,  . . . 126 

keeps  assessment  book,  . . 127 

enters  levy  of  taxes,  . . 130 

who  gives  in  property  to,  . 179 

to  whom  property  assessed,  . O0 

when  property  assessed,  . 180 

receives  list  of  property,  . . 183 

failure  to  give  list  to,  . . 184 

assesses  side-walk  expenses,  . 218 

salary  of.  ....  245 

fees  of, 246 

ATTORNEY — of  city,  legal  adviser  of  corporation,  . 170 

prosecutes  violators  of  law,  . 171 

gives  written  opinions,  . . 172 

defends  officer  of  city,  . . 173 

fees  of,  ....  252 

AUCTION — sales,  power  to  tax,  . . c.  41 

tax  upon,  . . . . c.  43 


111. 


AUCTIONEERS— power  to  license,  . 

amount  of  license, 


p.  26 ; p.  28 

192,  sub-d.  12 


BALLOTS — manner  of  counting,  ...  p.  42,  286 

style  of, p.  43,  274 

counting  and  certifying,  ....  21 

in  case  of  ties,  . . . 22 ; 30 

BAIL — bond  and  form  of, 272 ; 273 

effect  of,  . . . . 274 

judgment  nisi  in,  . . . . 275 

notice  of,  ....  276 

judgment  final  in,  ....  280 

officer  arresting  may  take,  ....  271 

when  bound  over  to  circuit  court,  . . . 327 


BARBERS — power  to  license,  . . . . p.  28,  s.  84 

amount  of  license,  . . . 192,  sub-d.  19 

BETTING— at  cards, 335 

at  gaming  table,  ....  337 

with  minor,  ....  338 

BIGAMY — penalty  for,  ....  356 

BILLIARDS — power  to  license,  p.  28,  s.  84 

amount  of  annual  license,  . . 192 

BIRDS — killing  or  destroying  nests  of,  ...  443 

BOARD — who  constitutes,  ------  33 

organization  of,  - - - 36 

quorum  of  ------  - 37 

regular  and  called  meetings  of,  38 

standing  committees  of,  39 

temporary  vacancy  in,  how  filled,  - - - 45 

rules  for  government  of, - 49 

may  exempt  from  giving  bond,  ■ - 52 

communications  from  mayor,  - - 74 

secretary  attends,  ------  88 

marshal  attends,  - - - - - 104 

exceptions  to  assessment  of  taxes  heard  by,  - 129 

authorize  slaughter  houses,  - - - - 200 


BOARD  OF  EDUCATION— 

who  constitutes,  - p.  30,  s.  3 

when  elected,  and  term,  - p.  30,  s.  3;  205 
mayor,  presidents*  officio,  - p.  30,  s.3 
must  take  oath,  - - p.  30,  s.  4;  206 

provide  houses  for  school  p’p’ses,p.30,s.5  ;207 
open  schools,  - - - p.  31 , s.  6 ; 208 

elect  officers  of  schools,  - p.  31 , s.  6 ; 208 

general  powers  of,  - - p.  31,  s.  6;  209 

issues  diplomas,  - - p.  31,  s.  7 ; 208 

charge  fees,  - - - p.  31,  s.  9;  210 

disburse  funds,  - - - p.  31,  s.  10 

create  examination  board,-  p.  32,  s.  11  ; 208 


IV. 


BOARD  OF  EDUCATION— (Continued)— 

institute  competitive  exams, p.  3;2, 

s.  12 

; 208 

fix  eligibility  of  students, 

- 

210 

BONDS— 

officers  may  give, 

c.  71 

for  water  and  gas  works, 

c.  79 

directions  for, 

c.  80 

exempt  from  taxation, 

c.  81 

receivable  for  taxes. 

p.  27 

for  water  works,  gullies,  and  streets, 

p.  27 

amount  of  city  officers’  bonds, 

52 

not  exhausted  by  one  recovery, 

53 

when  new  bond  required, 

53 

recorded  by  secretary, 

92 

deposited  with  treasurer, 

100 

marshal  may  take, 

111 

for  hiring  convicts, 

288 

for  appeals  from  mayor’s  court, 

293 

to  keep  the  peace, 

295 

BOOKS — of  city  officer,  open  to  inspection, 

56 

delivered  to  successor, 

57 

of  ordinances, 

89 

of  reports, 

90 

secretary  indexes  and  notes, 

91 

of  licenses, 

95 

in  charge  of  secretary, 

93 

of  bonds, 

92 

of  assessments,  . . . 

127 

kept  by  treasurer, 

150 

BREAD — selling  unsound,  ..... 

422 

BURGLARY — penalty  for,  ..... 

298 

; 300 

possessing  implements  for, 

301 

CARDS — playing,  power  to  license  dealers  in,  • ] 

p.  28, 

c.  84 

in  public  place, 

335 

betting  at, 

amount  of  license  for,  . . 192 

335 

, sub-d.  87 

CELLARS — manner  of  building  doors, 

393 

penalty  for  insecure  doors, 

394 

stagnant  water  within, 

430 

CEMETERIES — power  of  board  over, 

Evergreen  cemetery  and  graveyard, 

c.  71 

157 

no  interments  outside  of, 

158 

depth  of  graves,  .... 

159 

no  interments  at  night  in, 

160 

duties  of  sexton, 

161-165 

regulation  as  to  lots  in, 

168 

price  of  lots  in. 

169 

defacing  tombstones  in, 

325 

committing  trespasses  in, 

326 

penalty  for  defacing  grave  in, 

385 

384 


CHALLENGE — accepting  or  carrying,  - 


CHARTER — of  Tuscaloosa,  .....  pp.  7-23 
amendments  of,  ....  pp.  24-33 

CLERKS — of  election,  when  appointed,  . . c.  20;  16 

duty  of,  ....  19 

count  and  certify  ballots,  . 21 

COCK-FIGHTING— penalty  for,  ....  341 


CODE — of  Tuscaloosa,  civil, 

criminal, 
adoption  of, 


pp.  48-123 
pp.  130-180 
p.  45 


Cd. LECTOR — of  taxes,  election  of,  ...  c.  29 

may  be  assessor,  „ . c.  30 

removal  of,  ...  c.  30 

vacancy  filled,  . . . c.  31 

notice  given  by,  . . c.  44,  45 

deed  of  c.  46 

collects  state  poll  tax,  . p.  30,  s.2 
amount  of  bond,  ...  52 

cannot  delegate  authority,  . 61 

must  nominate  substitute,  . 62 

secretary  accounts  with,  . 96 

receives  list  from  secretary,  . 131 

gives  notice  w'hen  taxes  due,  132 

assesses  escaped  taxes,  . 133 

what  chargeable  with,  . . 134 

reports  errors  and  insolvencies,  135 

sale  of  property  by,  . . 136 

notice  of  sale  by,  . . 135 

deed  of  ....  137 

reports  of,  ....  146 

may  sell  for  escaped  taxes,  . 147 

pays  owner  excess  of  sales,  . 145 

oath  before  for  license,  . 185;  188 

receipt  of  for  license,  . . 186 

salary  of,  247 

fees  of,  ...  248 

summary  judgment  against,  256 


COMMERCIAL  AGENCIES — power  to  license,  . p.  28,  c.  84 

CONTEMPT — mayor  punishes  for,  . . . c.  54;  68 

CONSTITUTION — of  state,  articles  relating  to  cities,  . p.  42 

CONVICTS- — when  default  made  concerning  fines,  p.29,c.85  ;c.72 
hired  or  worked  on  streets,  . . p.  29,  c.  85 

when  hired,  bond  required,  . . . 288 

amount  allowed  for  work  and  board,  . 289 

committed  to  jail.  ....  291 

l>ound  over  to  circuit  court,  . . . 327 


VI. 


CORPORATION — Tuscaloosa,  body  politic  and  corporate, 
of  Tuscaloosa,  may  have  seal. 


c.  2 
c.  2 


COSTS — in  case  of  election  contests,  . . 32 

convicted  defendant  pays,  ....  457 

frivolous  complainant  pays,  . . . 458 


COTTON — exhibiting  false  sample  of, 
taking  from  bale, 
storing  within  city, 


309 

310 

O77 


COURT — mayor  holds,  . . 67;  262 

marshal  attends,  . 104 

of  mayor,  where  and  when  held,  . 262 

offenses  tried  in,  . . . 263 

form  of  summons,  . . 264 

judgment  nui  on  summons,  . 265 

warrant  issued  from,  . . 266 

persons  brought  before,  . 271 

adjournment  of  trial,  . . 272 

hail  bonds,  and  form  of,  . 273 

effect  of  bail  bonds,  . . 274 

judgment  nisi  on  bail,  . . 275 

notice  of,  . 276 

judgment  final  on  bail,  . 280 

subpoenas  in,  . . . 281 

form  of,  . 281 

judgment  nisi  on  subpoenas,  . 282 

contempt  of  witness  in,  . 283 

mayor  judge  of  law  amUfact  in,  . . 284 

technical  objections  not  allowed  in,  284 

penalty  imposed  by  mayor  in,  . 285 

when  default  in  securing  fines,  . 286 

commitment  when  in  default,  . 287 

issue,  return,  and  form  of  execution  in,  . 291 


DANCING-MASTERS — power  to  license, 
amount  of  license, 


p.  28,  c.  84 
192,  sulvd.  11 


DEED — of  tax  collector,  .....  c.  46;  137 
recorded,  . . c.  47-48 ; 138  ^139 

prim a facie  evidence,  . e.  49;  140 

DEFAMATION— of  females,  444 

of  persons.  . . 445 

DEFENDANT — entitled  to  speedy  trial,  . . . 69 

admitted  to  bail,  ....  79 

when  convicted,  pays  costs,  . . 457 

DISORDERLY  CONDUCT — mayor  must  suppress,  . 86 

disposal  of  person  charged  with,  112 
penalt\\for,  334;  441 

in  houses,  penalty  for,  . 350 


DRIVERS — of  drays,  refusing  to  carry  load,  . . 447 

running  without  numbers,  ! 450 

of  hacks,  refusing  to  carry  persons,  . . 448 

running  without  lights,  . . 449 

refusing  to  pay,  ....  451 

DRUNKENNESS— penalty  for,  334 


ELECTION — when  held  for  mayor  and  aldermen,  c.4;  p.26;17 
how  often  held,  . . . c.  4;  p.  26,;  17 

notice  of,  . . . c.  5;  18 

opening  and  closing  polls  at,  . . c.  5 

judges  and  clerks  of,  . c.  5 ; c.  20;  1(3 

duty  of,  ...  19 


electors  at,  ....  c.  6 

in  case  of  tie  of  mayor  and  aldermen,  c.9;22;30 
to  fill  vacancy  of  mayor  or  alderman,  c.  8;  7 
contest,  causes  therefor,  . . c.  10;  23 

proceedings  in  case  of,  . c.  1 1 ; 24 
service  on  defendant,  . c.  12;  25 
subpoenas  for  witnesses,  c.  13;  2(3 

testimony  by  deposition,  c.  14;  27 

authority  of  probate  judge,  c.15  ;28  ;29 
judgment  in,  . . c.  17;  31 

costs  when  void,  . c.  18-19;  32 
marshal  to  fill  vacancy,  . . e.  28 

assessor  and  collector,  . . . c.  29  ; 44 


illegal  voting  at, 
where  held, 
returns  announced, 
of  city  officers, 


c.  1 7 
3 

34 

44 


EL 


ECTOR S — c 


nullifications  of,  . c.  6;  p.  24;  p.  -12 
disqualifications  of, 
eligible  to  what  offices, 
registration  of,  . 

when  opened  and  closed 
vote  for  mayor  and  aldermen, 
challenged,  ..... 
voting  without  registration, 

bribing  of, 

changing  vote  of,  .... 

disturbing  on  election  day, 

perjury  of,  .... 


;s.  4;  4 
12 

c.  7 ; 5 
c.  76 ; 9 
, 5 

8 


20 

367 

368 

369 

370 

371 


EMBEZZLEMENT — receiving  property  bv,  - 305 

by  agent,  - - - 307 

by  officer,  - - - 308 

by  officer  of  city,  - - 320 

by  common  carrier,  - - 322 


EMINENT  DOMAIN — power  to  open  streets  under  right  of,  c.60 

take  real  est.for  gas  a water,  c.63 


I 


vin. 


ENGINEER — board  may  elect,  • 152 

qualifications  of, 153 

where  office  kept,  - 154 

charge  of  streets,  etc.,  ....  155 

general  powers  and  duties,  - - - 156 

power  of  in  case  of  fire,  - 234 

fees  of,  - - 250 

EXECUTION — issue,  return,  and  form  of,  - - 291 

force  and  effect  of,  ....  *>92 

EXEMPTION — from  working  streets,  - - - c.  39 

no  property  from  payment  of  taxes,  . c.  42 
of  bonds  from  taxation,  . c.  81  ; 182 

of  persons  and  property  from  taxation,  174 

EXPLOSIVES — where  storage  of  prohibited,  . . c.  66 

storing  of,  penalty,  . . . 378 

unlawful  to  keep,  ....  387 

EXPRESS — power  to  license  companies  for,  . p.  28,  c.  84 
amount  of  license,  . . . 192,  sub-d.  30 

FALSE  PRETENSES— penalty  for,  . . . 303 

in  personating  another,  . 304 

by  exhibiting  false  sample,  . 309 

by  false  mark  or  brand,  . 311 

FERTILIZERS — dealers  in,  power  to  license,  . p 28,  c.  84 

amount  of  license,  . 192,  sub. d.  15 

ETNANCE — standing  committee  on,  . 39 

duty  of,  . . 41 

how  accounts  kept,  41 

FINE — default  in  payment  or  securing,  . c.  72 

warrant  for  collection  of'  . . . c.  73 

paid  to  city  treasurer,  ...  58 

report  of  collection  of,  59 

collected  by  marshal,  ....  113 

devoted  to  school  purposes,  . . . 213 

when  default  made  in  securing,  . 286 

commitment  when  default  made,  . 287 

for  use  of  city,  ....  456 

FIRE-ARMS — discharging  within  city,  . . . 375 


FIRE  DEPARTMENT— 

Tuscaloosa  No.  1,  . . . p.  32  ; 230 

membership  of,  . p.  32,  s.  2;  230 
keep  engine  in  order,  p.32,  s.3 ; 231 
exemptions  of  members,  p.  32,  s.4 
list  of  given  to  sheriff,  p.  33,  s.  5 
how  charter  forfeited,  p.  33,  s.  6 
adopts  by-laws,"  . . 232 

duty  of,  . . 233 

authority  of,  234 


IX. 


FIRE-LIMITS — bo.ard  may  establish,  . . c.  64 

buildings  removed,  . . . c.  65 

extent  and  violation  of,  . . 414 

enlargement  of  wooden  building  within,  415 
building  wooden  buildings  in,  . 416 

removal  of  wooden  buildings  in,  . 417 

dangerous  buildings  in,  . . 418 

FIRES — powers  in  prevention  of,  ....  c.  61-62 
false  alarm  of,  ....  334 

FIRE-WORKS — penalty  for  discharging,  . . 386 

FORGERY — penalty  for  ....  319 

FORMS — of  summons,  . . . 264 

warrant,  ....  266 

bail  bonds,  . . . 273 

judgment  nisi  on  bail  forfeited,  . 275 

notice  when  judgment  nisi , . 276 

judgment  final,  . . . 286 

subpoenas,  ....  281 

judgment  of  conviction,  . 286 

commitment,  . . . 287 

execution,  . . . 291 

appeal  bond,  . . . 293 

FUTURES — power  to  license  dealers  in,  . p.  28,  c.  84 

amount  of  license,  . . . 192,  sub-d.  9 

GAMES — power  to  license,  . . . p.  28,  c.  84 

on  Sunday,  . . . . . 344 

GAMING — keeping  table  for,  . . . 337 

betting  at  table  for,  . . . . 337 

on  Sunday,  .....  344 

renting  room  for  purpose  of,  . 340 

on  retailer’s  premises,  . . . 339 

GAS-WORKS — bonds  for  establishing,  . . . c.  79 

power  to  establish,  . . . c.  63 

GROUNDS  & BUILDINGS — standing  com.  on,  . 39 

powers  & duty  of,  42 

marshal  custodian  of,  * 117 

HOTELS — power  to  license,  ....  p.  28,  c.  84 

amount  of  license,  . . . 192,  sub-d.  26 

INCEST — penalty  for, 357 

INSPECTOR — of  lots,  etc.,  appointed  by  board,  . 193 

INTIMIDATION— penalty  for, 333 


X. 


INSURANCE — power  to  license  companies  for,  . p.  28,  c.  84 
amount,  of  license,  . . 192,  sub-d.  81 

JUDGES — -.of  elections, c.  4 

when  appointed,  . . c.  20;  16 

duty  of,  ...  19 

count  and  certify  ballots,  . 21 

JUDGMENT — summary,  how  rendered  against  officer,  253 

execution  of  notice  of,  - 254 

alias  notice,  - 255 

against  tax  collector,  - 256 

secretary,  - - 257 

marshal,  - 258 

policemen,  - - 258 

treasurer,  - - 259 

administrators  of  officers,  260 
what  report  evidence  of;  - 261 

nisi , on  summons,  - 265 

on  bail  bond,  - 275 

on  subpoenas,  - - - 282 

final,  on  bail  bond,  ....  280 

JUSTICE  OF  PEACE — mayor  has  power  of,  - c.  83  ; 80 

KITES — penalty  for  sailing,  -----  379 

LANGUAGE — using  obscene, 353 

LARCENY — penalty  for,  - 297 

value  of  property  in  case  of,  - - 296 

LICENSES — board  may  grant  to  certain  occupations,  c.  67,  69 
general  provisions  for,  - - p.  27,  c.  84 

issued  by  secretary,  - - - - 94 

books  of,  - - - - - 95 

marshal  attends  compliance  with,  - 115 

who  shall  take  out, 185 

receipt  and  form  of,  - - - - 186 

who  issues,  - 187 

oath  for,  before  collector,  - - - 188 

not  transferable,  - - 189 

limits  upon  use  of,  - 190 

expiration  of,  - 191 

amount  for,  and  to  whom  issued,  - 192 

for  retailing  liquors,  ...  - 192 

failure  to  take  out, 452 

violations  of  laws  for,  - 452-455 

LIGHTNING-RODS — agents,  power  to  license,  p.  28,  c.  84 
amount  for  license,  - 192,  sub-d.  35 

LIMITATIONS — statute  of,  regarding  streets,  - - c.  55 

concerning  offenses,  - 263 


XI. 


LIQUORS— 

board  may  license,  restrain,  or  prohibit, 
mayor  may  prohibit  sale  or  giving,  . 
license  for  sale  of, 


p.  28,  c.  84,  c.  57 
81 

192,  sub-d.  1-4 


LIVE  R Y-ST  ABLE  S — power  to  license, 
amount  of  lieense. 


p.  28,  c.  84 
192,  sub-d.  39 


MAGAZINE — of  powder,  marshal  keeps,  . . 118  ;227 

established,  . . . 224 

powder  kept  in,  . . 225 

powder  not  allowed  elsewhere,  226 
powder  sold  in  daytime,  . 228 

violation  of  ordinances  of,  . 229 


MARKETS — power  to  establish,  . . . . c.  58 

established  and  stalls  rented,  . . . 220 

stalls  rented  by  marshal,  . . . 221 

regulations  of, 221 

penalty  for  violating  ordinances  of,  . 221  b 

marshal  master  of,  ...  221 

unsound  articles  removed  from,  . . 426 

selling  unsound  meat,  or  fish,  . . 427 


MARSHAL — who  eligible  to  office  of,  . . c.  7 

causes  for  contesting  election  of,  . c.  10 
election  of,  p.  25,  c.  26 

may  be  removed,  p.  25,  c.  27 

election,  in  case  of  vacancy,  . c.  28 

power  to  execute  process,  . c.  73 

extent  of  authority,  . . c.  74 

amount  of  bond,  ...  52 

cannot  delegate  authority,  . . 61 

must  nominate  substitute,  ...  62 

mayor  may  suspend,  ...  73 

secretary  accounts  with,  ...  97 

powers  and  duties  of,  . 103 

attends  meetings  and  court,  . . 104 

policemen  detailed  instead  of,  . 105 

head  of  police, 106 

•executes  writs,  ete.,  . . . 107 

powers  of  sheriff  and  constable,  . .108 

arrests  violators  of  law,  . . . 109 

•disposal  of  arrested  person,  . 110;  112 

takes  bonds,  . . . . Ill 

collects  fines,  . . . 113 

abates  nuisances,  . . . . 114 

supervises  licenses,  ....  115 

streets,  ....  116 

public  grounds  and  buildings,  117 
powder  magazine,  . 118;  227 

power  to  summon  posse,  . . . 119 

remove  nuisance,  . . . 194 


XI 1 . 


MARSHAL- 


MAYOR— 


(Continued) — 
duty  in  regard  to  quarantine, 
reports  defective  side-walk,  . 
paves  side-walks, 
fees  for  paving, 
master  of  markets, 
in  charge  of  city  scales, 
salary  of,  . . 

fees  of, 

summary  judgment  against, 
directs  placing  telephone  poles, 


. 196 

215 

217 

218 
221 

. 222 
240 

241  ; 243  ; 244 
258 
439 


when  elected, 
who  eligible  to  office  of, 
how  office  vacated,  . 
election  to  fill  vacancy, 
how  elected  in  case  of  tie, 
causes  for  contesting  election  of, 
temporary  appointment  of, 
may  call  meeting  of  aldermen, 
justice  of  peace  and  notary  public, 
annexes  warrant  to  tax  list, 
conservator  of  peace, 

powers  of, 

punishes  for  contempt, 

issues  warrant  for  fines,  etc., 

president  board  of  education, 

of  Tuscaloosa,  .... 

must  take  oath,  . 

may  call  meetjng, 

amount  of  bond, 

presides  at  meetings  of  board, 

must  sign  contracts, 

administers  oaths  to  officers, 

approves  bonds  of  officers, 

holds  court, 

issues  warrants,  etc., 

punishes  for  contempt, 

must  give  defendants  trial, 

imposes  or  remits  penalty, 

supervises  city  officers, 

may  suspend  marshal, 

communications  to  board, 

may  increase  police  force, 

may  protect  city, 

orders  citizens  ito  assist  police, 

contracts  limited  debts, 

admits  defendants  to  bail, 

prohibits  sale  or  giving  of  liquor, 

offers  reward, 

signs  drafts^and  affixes  warrant, 
appoints  and  discharges  policemen, 
keeps  docket, 


р.  26,  c.  4 

c.  7 
c.  7 ; 6 
c.  8 
c.  9 ; 22 
c.  10 
c.  22 

с.  24 ; 45 
c.  33 ; 80 

c.  43 
. c.  54 
. c.  54 
c.  54 
c.  73 
p.  30,  s.  3 
p.  44 
25 
38 
52 

64 

65 

66 
66 
67 

. 68 
. 68 
. 69 

70 ; 71 
72 
. 73 

74 

75 

76 

. . 77 

78 

79 

. 81 
82 
. 83 

84 

85 


XIII. 


M A YOR — (Continued) — 


MAYOR  AND 


suppresses  riots,  ..... 

96 

arrests  brought  before. 

no 

issues  notice  to  pave  side-walks, 

216 

fees  in  paving  process, 

219 

salary  of,  ... 

235 

fees  of, 

236;  244 

holds  court, 

262 

tries  offenses, 

263 

judge  of  law  and  fact, 

. 284 

disallows  technical  objections, 

284 

imposes  penalty,  on  conviction, 

. 285 

requires  bond  to  keep  peace, 

. 295 

bind  over  to  circuit  court, 

. 327 

ALDERMEN— 

divide  city  into  wards. 

c.  3 

examine  and  change  wards, 

c.  3 

cause  election  to  be  held,  . 

p1  26,  c.  4 

when  elected  and  how  often,  p.  26.  c.  4 ; 17 

how  elected  in  cases  of  ties,  . 

c.  9 ; 22 

proceedings  in  cases  of  ties, 

30 

oath  of, 

c.  21 

when  temporary  appointment  made, 

c.  21  ; 45 

regular  meetings, 

c.  23 

called  meetings,  .... 

c.  24 

deliberations  public, 
may  have  secretary, 
elect  and  remove  marshal,  . p. 
may  remove  assessor  and  collector, 
fills  vacancy  of  assessor  and  collector 
may  appoint  necessary  officers, 
may  define  duties  and  pay  of  officers, 
power  to  levy  taxes, 
determine  amount  of  tax, 
action  on  excessive  assessment, 
may  levy  poll  tax, 
appoint  street  overseer, 
may  require  additional  poll  tax, 
further  power  to  levy  taxes, 
force  of  levy  and  assessment  of  taxes 
power  to  tax  amusements,  etc., 
general  powers  of,  • 

license,  restrain,  and  prohibit  retailing 
establish  markets,  .... 

repair  streets,  etc., 

open  new  streets,  .... 

precautions  against  fire, 
establish  water-  works,  ■ . 

•establish  gas-work6, 

•establish  fire  limits,  . 
remove  unsafe  buildings, 
prohibit  storage  of  explosives, 


. c.  25 
. c.  25 
25,  c.  26-27 
. c.  29 

31 

32 
71 

34 

35 

36 

37 

38 

39 

41 

42 
53 

56 

57 

58 

59 

60 


c. 

c. 

c. 

c. 

c. 

c. 

c. 

c. 

c. 

c.  40, 
c. 
c. 

c.  55, 
c. 
c. 
c. 
c, 
c. 
c. 
c. 
c. 
c. 
c. 


XIV. 


MAYOR  AND  ALDERMEN — (Continued) — 


fix  license,  c.  67,  69 

power  over  vagrants,  . . . c.  68 

over  graveyards,  . . . c.  70 

to  require  officers  to  give  bond,  c.  71 
summary  powers  over  officers,  . c.  71 

authority  to  erect  scales,  . . c.  75 

must  punish  illegal  voting,  . . c.  77 

may  issue  bonds  for  gas  or  water  works,  p.*27,c.79 
may  authorize  slaughter-house,  p.  :25,  c.  82  ; 200 
may  remove  slaughter-house,  p.26,c.83  ; 201  ;202 
levy  taxes  for  school  purposes,  . p.  30,  s.  2 
authorize  disbursements  of  bd.  of  ed’n,  p.30,  s.5 
receive  and  announce  election  returns,  . 34 

must  take  oath,  . . . 35 

constitute  board,  ...  33 

organization  of  board,  ....  36 

may  elect  engineer,  . . . 152 

may  exempt  industsial  works  from  taxes,  174 
may  authorize  transfer  of  license,  . 189 

license  retailing  liquors,  . . . 106 

appoint  inspector  of  lots,  etc. , . 193 

elect  board  of  education,  . . . 205 


power  of  in  case  of  fire,  . . . 234 

order  arrest,  . ...  268 


MEETING — disturbing,  when  part  females,  . . 381 

shows,  etc.,  ....  382 

police  attend, 383 

disturbing  when  met  for  worship,  . 407 


MINOR — betting  with,  etc.,  . . . . 338 

MISCEGENATION — penalty  for,  . . . . 358 

party  performing  ceremony  of,  . 359 

MISDEMEANORS— common  law,  ....  442 


MORALITY — offenses  against,  . . . 335-363 

NOTARY  PUBLIC— mayor  has  power  of,  . c.  33;  80 

NOTICE — given  by  tax  assessor,  . . .1:23 

secretary,  . . .128 

• collector,  of  taxes  due,  . 132 

oLsale  of  property,  136;  147 
for  summary  judgments,  . 254 ; :255 

of  judgment  nisi  in  bail  bonds,  . . 276 

service  and  return  in  judgment  nisi,  . 277 

alius  in  judgment  nisi,  . . 278 

of  judgment  nisi  on  subpoenas,  . . 282 


NUISANCES — abated  by  marshal,  • . . 114 

removed  by  owner  of  lot,  . . 194 

penalty  for,  . . . 352 ; 400 

property  free  from,  . . . 425 

selling  articles  productive  of,  . . 426 

allowing  stagnant  water,  . . . 429 

creating  on  street,  ....  431 

by  permitting  offensive  stables,  . 432 

OATH — of  office,  . . c.  21 ; p.  41 

of  mayor  and  aldermen,  ...  35 

of  city  officers,  51 

before  collector  for  license,  . 185  ; 188 

of  board  of  education,  . . . 206 


OFFENSES — by  whom  tried,  . . . 263 

limitation  of,  .....  263 

against  property,  ....  296-326 

the  person,  . . 427-334 

morality,  . . 335-363 

public  safety,  . . 375-421 

public  health,  . . 422-434 

miscellaneous,  . . . 435-451 

OFFICE — judgment  when  successfully  contested,  . c.  17 
oath  of,  . . . c.  21  ; p.  41 

OFFICERS — necessary,  appointed,  - - c.  32 

may  regulate  duties  and  pay,  - - c.  71 

sworn,  and  oath,  ■ - - - 35 

when  elected,  - - 44 

compensation  of,  - 46 

may  be  fined  and  removed,  - - 47 

term  of  office  of,  - 50 

must  take  and  subscribe  oath,  . - 51 

must  give  bond,  and  amount  of,  - - 52 

how  temporary  and  permanent  vacancy  filled, 54 
must  not  deal  in  city  script,  - - 55 

cause  for  removal  of,  - - - - 55 

books  open  to  inspection,  56 

deliver  books  to  successors,  - - 57 

reports  collections  of  fines,  59 

when  made,  - 60 

cannot  delegate  authority,  61 

how  authority  delegated,  ...  (£> 

supervised  by  mayor,  72 

summary  judgment  against,  - - 253 

notice  of  motion,  - - - 264 

report  of,  evidence  against,  - - 261 

removal  of  and  causes  for,  ...  261  b 
arrest  without  warrant,  - - - 267 

arrest  on  order  of  mayor  or  aldermen,  268 

private  person  must  assist,  - - 269 

duty  of  in  making  arrest,  ...  270 

carrfes  person  before  mayor,  - - 271 


XVI. 


OFFIO  FPv  S — (Continued  ' — 

arresting  may  take  bail,  . . . 271 

refusal  to  aid  in  arresting,  . . 372 

personation  of, 373 

aiding  escape  from, 374 

buying  at  city  sale,  . . . . 405 

neglect  of  duty  by,  . . . 405 ; 440 

neglect  of  duty  under  revenue  law,  . 454 

ORDINANCES — concerning  the  city  of  Tuscaloosa,  pp.  37-46 
relating  to  improvement  bonds,  pp.  37-44 
street  railway,  - pp.  40-41 
concerning  adoption  of,  p.  45 
continuance  and  repeal  of,  - p.  47,  s.  7 
rule  concerning  passage  of,  48 

recorded  by  secretary,  89 

OWNER  UNKNOWN — taxes  assessed  against,  . c.  42 
sale  of  property  for  taxes,  - c.  45 

PAUPERS— burial  of, 164 


PAWNBROKERS — power  to  license,  - - p.  28,  c.  84 

amount  of  annual  license,  - - 192 


PEDDLERS— power  to  license,  - - p.  28,  c.  84,  c.  09 

amount  of  license,  - - 192,  sub-d.  34 


PERSON — offenses  against  the,  - 327-334 

PERSONAL  PROPERTY — taxes,  power  to  levy  on,  c.  34 

taxes,  levied  according  to  val.c.34 
levied  on,  - c.  40 
amount  of,  - 170 

assessed  at  cash  value,  178 

PICTURES— selling  lewd,  - 354 


PHOTOGRAPHERS — power  to  license, 
amount  of  license, 


p.  28,  c.  84 
192,  sub-d.  10 


PISTOLS — dealers  in,  power  to  license, 
amount  of  license, 


- p.  28,  c.  84 
192,  sub-d.  5 


POLICE — amount  of  bond  of,  - - - 52 

mayor  increases  force  of,  ...  75 

force  appears  before  mayor,  - - 70 

citizens  must  aid,  - - - - 77 

mayor  appoints  and  discharges,  - - 84 

detailed  in  place  of  marshal,  - - 105 

appointment  and  discharge  of,  - 120 

authority  of,  - - - -121 

marshal  head  of,  ....  100 

fees  of,  - - - - - 242 

summary  judgment  against,  - - 258 

attend  meetings,  - 383 


xvn. 


POLLS — time  of  opening  and  closing,  . c.  5 

POLL  TAX — levy  and  collection  of,  ...  c.  37 
additional,  . . . . . . c.  39 

appropriated  to  schools,  . . p.  29,  8.  2 

collected  for  state  and  county,  . p.  29,  s.  2 
list  made  by  assessor,  . . - 122 

PRINTING — secretary  attends  to,  . 101 

PROBATE  JUDGE — must  try  contest  of  election,  . c.  11 
notice  of  contest  election  returned  to,  c.12 
must  issue  subpoenas  for  witnesses,  c.13 
authority  of,  c.15 

certifies  tie  votes,  - . . c.16 

PROPERTY — judgment  for  value  when  stolen,  etc.,  296 

larceny  of,  .....  297 

injury  to,  .....  299 

receiving  stolen,  „ . . 302 

receiving  embezzled,  . . . 305 

selling  mortgaged,  . . . 306 

embezzlement  of,  ...  307 ; 308 

injuring  public,  , 313;  314 

falsely  markingor  branding,  . . 311 

injuring  lamps,  etc.,  . . . 315 

injuring  telegraph  or  telephone,  . 316 

injuring  trees,  .....  317 

injuring  sign-boards  and  gates,  . . 324 

offenses  against,  . . . 296-326 

PROSTITUTES — penalty  for,  ...  348 

renting  house  for,  ....  349 

disorderly  house  of,  ...  350 

riding  or  walking  with  in  public  place,  351 

PUBLIC  HEALTH— offense  against,  . . . 422-434 

QUARANTINE— established,  . . . 195 

penalty  for  violating,  . . . 196 

isolation  of  cases  during,  . . . 197 

trains  and  roads  guarded,  . . 198 

persons  and  goods  excluded,  . . 199 

QUORUM — what  constitutes  at  board  meeting,  . . 37 

RACING — penalty  for  horse,  ...  342 


RAILROADS — power  to  license  companies  for,  . p.  28,  c.  84 
of  streets,  boys  playing  about,  . . 412 


XV  111. 


REAL  ESTATE — taxes,  power  to  levy  on,  . . c.  34 

taxes,  levied  according  to  value,  . c.  35 
when  assessed  to  owner  unknown,  . c.  42 
deed  of, when  sold  for  taxes,  c. 45-48  ; 137-140 
redemption  of,  . . . c.  50;  141 

relinquishing  possession  of,  . c.  51  ; 142 
sale  of  for  taxes,  . . . 136 

notice  of  redemption  to  purchaser,  143 
when  purchased  by  city  for  taxes,  . 144 

amount  of  tax  on,  . . . 176 

assessed  at  cash  value,  . . 178 


REGISTRATION — of  electors,  who  by,  ....  9 

when  opened  and  closed,  10 

notice  of,  . . 11 

secretary  furnishes  lists,  13 

certificate  to  list,  . . 14 

manner  of,  15 

REPORTS — of  collections  of  fines,  . . .59 

when  made  to  board,  ....  60 

recorded  by  secretary,  ....  90 

of  fines  collected,  . . . . 113 


RETAILING — power  to  license, restr’n, or  proh’t,  c.57,c.84,p.28 
amount  of  license  for,  . 192,  sub-d.  1-2 


REWARD — offered  by  mayor,  . . 82 

SCALES — public,  authority  to  erect,  . . . . c.  75 

established  and  rented,  ....  222 

duties  of  keepers  of, 223 

SCHOOL — public,  power  to  establish,  . p.  28,  c.  84 

district,  city  constituted,  . . p.  29 

extent  of,  p.  29,  s.  1 ; 203 

sustenance  of,  . p.  29,  s.  2;  204 
controlled  by  b’d  of  ed.,  p.  31,  s.  6 
who  entitled  to  seats  in,  p.  31,  s.  8 
funds  of,  . P-31,  s.  10;  204 

standing  committee  on,  . . 39 

duty  of,  . . 43 

amount  of  taxes  for,  ....  177 

what  students  eligible  to,  . . 210 

how  moneys  of  kept,  . . . 211 

paid  out,  . . 212 

fines  devoted  to,  .....  213 

disturbing  occupants  of,  ...  508 


SECRETARY — board  may  have,  . . c.  25 

attach  seal  to  deed,  . . . c.  47 

notify  purchaser  of  redemption,  . c.  52 

registers  electors,  . . . . c.  76 ; 9 

furnishes  registration  lists,  . . 13 

cannot  delegate  authority,  ...  61 

must  nominate  substitute,  . . .62 

attends  meetings  and  keeps  minutes,  . 88 

records  ordinances,  . . 89 

records  reports, 90 

must  index  books,  ....  91 

records  bonds,  .....  92 

issues  licenses, 94 

keeps  license  book,  . . .95 

keeps  books  and  countersigns  drafts,  . 93 

keeps  account  with  tax  collector,  . 96 

with  marshal,  . . 97 

treasurer,  . . .98 

arranges  and  analyses  accounts,  . . 99 

deposits  bonds,  etc.,  with  treasurer,  . 100 

attends  to  printing,  ....  101 

other  duties  of,  .....  102 

gives  tax  list  to  collector,  . . 131 

issues  licenses,  ....  187 

fees  of,  ....  239 

summary  judgment  against,  . . 257 


SERVANTS — enticing  away,  436 

enticing  under  contracts,  . . . 437 


amount  of  license  for,  192,  sub-d.  25 

SEXTON — of  city,  amount  of  bond  of,  - 52 

general  duties  of,  - 161 

has  charge  of  lots,  - - - 162 

keeps  register  & requires  certificate, 163 
buries  paupers,  - - 164 

digs  graves  and  opens  tombs,  - 165 
fine  of,  - 166 

neglect  of  duty  by,  - - 167 

fees  of,  ...  251 

SHERIFF — of  eouuty.  must  receive  convict,  p.  29,  c.  85  ; 290 
receives  list  of  firemen,  p.  33,  s.  5 

marshal  has  power  of,  - - 108 


SIDE-WALKS — pavements  upon,  - 214 

marshal  reports  defective,  - - 215 

mayor  requires  pavement  of,  - - 216 

when  paved  by  marshal,  ...  217 
expense  of  paving,  - - 218 

penalty  for  failing  to  pave,  - - 214 

penalty  for  obstructing,  - - 390 ; 409 

refuse  matter  removed  from,  - - 410 


SKATING-KINK — power  to  license,  - - p.  28,  c.  84 

amount  of  license,  - 192,  sub-d.  13 

SLAUGHTER-HOUSE— 

board  may  authorize  keeping  of,  - p.  25,  c.  82 ; 200 
suppress,  if  nuisance,  - p.  25,  c.  83 ; 201 

discontinuance  of, - 202 

keeping  within  corporation,  - 433 

SLING-SHOT — penalty  for  shooting,  ...  376 


STREETS — overseer  appointed,  - - c.  38;  116 

must  be  worked,  - - - c.  38 

power  to  repair,  etc.,  - - c.  59 

may  open  new,  - - - c.  60 

convicts  may  labor  on,  - p.  29,  c.  84,  c.  72 
bonds  for  opening,  - - - p.  27,  c.  79 

standing  committee  on,  39 

powers  and  duty  of  committee,  - - 40 

marshal  acts  as  overseer  of,  - - - 116 

amount  of  tax  for,  - - - - - 175 

penalty  for  obstructing,  - 409 ; 338  ; 389 

encroaching  upon,  - - 390 

leaving  excavations  on  open,  395 
hanging  signs  on,  - - 398 

refuse  matter  removed  from,  - - 410 

ball  playing  upon,  - 413 

SUBPOENAS — issuance,  form,  and  effect,  - - - 281 

judgment  nisi  upon,  - 282 

SUMMARY  PROCESS— against  officers  of  city,  - c.  71 

motions  for,  253-261 

SLTMMONS — issued  by  mayor,  - - - 264 

form  of,  - - - - - 264 

SLTNDAY — working  on,  - - - - 343 

games  on,  - - - - - 344 

barbering  on, 345 

who  may  work  on,  - 346 

keeping  open  doors  on,  - - - 347 


XXI. 


I I I / [,  ) 

m i n tv  or  in ii;(  i 

m 1 ! 1.7. 


TAXES — by  whom  collected,  - - - c.  30 

levied  by  mayor  and  aldermen,  - c.  34;  130 
how  laid,  - - - c.  35 

When,  assessed  too  high,  ...  c.  36 
force  of  levy  and  assessment  of,  . c.  42 
warrant  for  collection,  . . c.  43;  130 

bonds  receivable  for,  ....  27 

for  school  purposes,  . . . p.  30,  s.  2 

rate  of,  . . . . p.  42,  s.  7 

assessed  by  assessor,  . . . 122 ; 125 

duty  of  tax  payer  in  relation  to,  . 124 

false  lists  of, 126 

objections  to  assessment  of,  . . 128 

objections  heard  by  board,  . . 129 

collector’s  duty  in  regard  to  escaped,  133 ; 147 
notice  of  when  due,  . . . 132 

for  street  purposes,  . . . 175 

amount  of  on  property,  . . . 176 

for  school  purposes,  . . . 177 

assessed  on  cash  value  of  property,  . 178 

by  whom  property  listed  for,  . . 179 

to  whom  property  assessed  for,  . 180 

commencement  and  end  of  tax  year,  . 181 

force  of  judgment  for,  . . . 182 

contents  of  list  for,  . . . 183 

penalties  for  not  giving  in,  . . . 184 

failure  to  render  list  for,  . . . 453 

refusing  to  testify  as  to,  . . . 455 


TAX  YEAR — beginning  and  end  of,  . 181 


TIE  VOTES— proceedings  in  case  of,  . c.  9 ; 20 ; 22 

probate  judge  certifies,  . . . c.  15;  29 

determined  by  board,  . 22 


TELEGRAPH — power  to  license  companies  for,  p.  28,  c.  84 
injuring  property  of,  . . 316 


TELEPHONE — power  to  license  companies  for,  p.  28,  c.  84 

injuring  property  of,  . 316 

allowed  to  erect  poles,  - . . 438 

marshal  directs  placing  poles,  . . 439 

injuring  property  of,  . . 440 


XXII. 


HI  UJI  W Mltl  AMI 

• / (W.LM  tl 


TREASURER— of  city,  amount,  of  bond,  ...  52 

fines  paid  to,  . . .68 

cannot  delegate  authority,  . . 61 

must  nominate  substitute,  . 62 

secretary  accounts  with,  . . 98 

marshal  pays  fines  to,  . . 113 

receive,  money,  and  receipts,  . 148 

general  duties  of,  . . 149 

manner  books  kept  by,  . . 150 

yearly  statement  of,  . . 151 

fees  of,  .....  249 

summary  judgment  against,  . . 259 


TREES — injuring, 317  ; 326 

hitching  stock  to,  ...  318  ; 391 


TRESPASS — after  warning,  penalty  for,  . . 321 

in  cemetery,  . . . 325 ; 326 


TUSCALOOSA — charter  of,  . . . p.  7 

boundaries  of,  . . c.  1 

inhabitants  of,  body  politic  and  corporate,  c.  2 

may  purchase  real  estate,  c.  2 

city  divided  into  wards,  . . c.  3 

franchises  continued,  . . . c.  78 

constituted  separate  school  district,  p.  29  ; 203 
adoption  of  code,  . . . p.  45 

quarantine  established  in,  . . 195 


VAGRANTS — power  to  suppress,  . . c.  68 

penalty  for,  435 

VEHICLES — power  to  license,  p.  28,  c.  84 

driven  to  right,  . . . . 399 

causing  collision,  . . . .411 

VOTING — illegal,  power  to  punish,  . . . . c.  77 

penalty  for,  .....  366 

WARDS — Tuscaloosa  to  be  divided  into,  . . . c.  3 

how  and  when  division  into  changed,  . c.  3. 
one  alderman  elected  from  each,  . . c.  4 

division  of  city  into,  . . 2 

WAREHOUSES— power  to  license,  . . p.  28,  c.  84 

amount  of  license  for,  . 192,  sub-d.  18 

WARRANT — issuance  and  form  of,  ...  266 

arrest  without,  ....  267 ; 268 


n vi  fifiiv  or  ii 

(1  r:  0 / u / 

xxiii. 

WATER — allowing  stagnant,  . ....  429 

WATER-WORKS — bonds  for  establishing,  . c.  79 

authority  to  establish,  . . c.  63 

WEAPONS — penalty  for  carrying  concealed,  . 420;  380 

WITNESS— subpoenas  for, 281 

judgment  nisi  on  default  of,  ...  282 

when  in  contempt,  ....  283 

WORDS — meaning  of,  .....  1 


YARDS — coal  and  wood,  power  to  license, 


p.  28,  c.  84 


UNIVERSITY  OF  ILLINOIS-URBANA 


3 0112  072663625 


